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20 Years After: Implementing and Going Beyond the Palermo Protocol towards a human rights centred approach
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/169
Document
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/HRC/20/18
Document
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 11
- Paragraph text
- International law requires States to prosecute trafficking and related offences. The Special Rapporteur notes, however, that the prosecution of anti-trafficking responses is a broad category that includes not only the investigation and adjudication of trafficking cases but also encompasses a number of related spheres of activity, including the applicable legal framework, international legal cooperation and asset confiscation. Prosecution should therefore be seen as only a part of a strategy of criminalization.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 12
- Paragraph text
- For any effective criminalization strategy, the Special Rapporteur notes the need for a rights-based approach to trafficking. Such an approach has been widely endorsed by the international community, including the General Assembly and Human Rights Council. The commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking explains that a human rights-based approach is a conceptual framework for dealing with a phenomenon such as trafficking that is normatively based on international human rights standards and that is operationally directed to promoting and protecting human rights. It affirms that such an approach requires analysis of the ways in which human rights violations arise throughout the trafficking cycle, as well as of States' obligations under international human rights law. It seeks to both identify and redress the discriminatory practices and unjust distributions of power that underlie trafficking, maintain impunity for traffickers and deny justice to victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 13
- Paragraph text
- The Special Rapporteur emphasizes that all aspects of national, regional and international responses to trafficking should be anchored in the rights and obligations established by international human rights law. A human rights-based approach identifies rights-holders and their entitlements (for example, trafficked persons, individuals at risk of being trafficked, or individuals accused or convicted of trafficking-related offences), and the corresponding duty-bearers (usually States) and their obligations. This approach strengthens the capacity of rights-holders to secure their rights and of duty-bearers to meet their obligations. Core principles and standards derived from international human rights law should guide all aspects of the response at all stages.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 14
- Paragraph text
- Over the past decade, many States have made important progress in the development of effective and rights-based criminal justice responses to trafficking that are consistent with these principles and standards. It is nevertheless important to acknowledge that both commitment and capacity vary widely, and many challenges to implementing a rights-based approach remain.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 15
- Paragraph text
- In the present report, the Special Rapporteur thus seeks to contribute to a better understanding of the criminal justice response to trafficking by exploring examples of good practices and analysing some of the challenges faced by States. The Special Rapporteur will draw on the responses of States to her questionnaire (annex I). She thanks the States that submitted responses to her questionnaire (annex II) for their involvement.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 16
- Paragraph text
- The criminalization of human trafficking is an essential aspect of any programme to combat and prevent trafficking in persons. The obligation on States to criminalize trafficking is clear; it is contained in all specialist trafficking treaties and its importance has been repeatedly confirmed through international and regional policy instruments, including by the United Nations Global Plan of Action to Combat Trafficking in Persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 17
- Paragraph text
- It is important to emphasize that the relevant legislation must be clear, enforceable and comprehensive to ensure effective protection of the victim. States must criminalize trafficking as it has been defined by international law. This means that criminalization must cover a range of end purposes, including forced and exploitative labour; it must recognize the possibility of women, men and children being victims of trafficking; and that the trafficking in children must be defined differently to trafficking in adults. A trafficking law that covers only one of these aspects would fall short of this standard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 18
- Paragraph text
- In formulating the criminal offence of trafficking, States must not criminalize only those offences that have been committed intentionally; they must also ensure that the victim's consent does not alter the offender's criminal liability. States are further required to criminalize related offences, such as attempted trafficking offences or complicity in their commission, and ensure that criminal (and civil) liability can be extended to legal as well as natural persons. This obligation is important in ensuring the legal accountability of corporations and businesses engaging in trafficking, such as labour contractors, adoption agencies and entertainment venues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 19
- Paragraph text
- The information received by the Special Rapporteur indicated that a significant majority of States have criminalized trafficking in persons. As the Protocol to Prevent, Suppress and Punish Trafficking in Persons is not self-executing, States will need to take proactive action to ensure its implementation in domestic law. Some States already had laws that met the requirements of the Protocol: Finland, for example, has had long established laws on trafficking, and its legislation met the standard of the Protocol, even before the Convention came into force. In recent years, a number of other States, including Lesotho, Lebanon and Romania, have passed new anti-trafficking laws.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 20
- Paragraph text
- In Asia, Cambodia, Indonesia, Malaysia and Viet Nam have also enacted new laws on trafficking following a thorough review of relevant national legislation. Thailand, despite not having ratified the Trafficking Protocol, defines exploitation in a manner very close to its language.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 21
- Paragraph text
- The information received indicated that only a minority of States do not have laws criminalizing human trafficking. For example neither Estonia nor Panama has an anti-trafficking law, although relevant cases have reportedly been prosecuted under other criminal offences. The Special Rapporteur is pleased to learn that, a bill and an amendment to the criminal code are respectively pending adoption.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 22
- Paragraph text
- The Special Rapporteur observes, however, that legislation is not an end in itself. Even in States with strong anti-trafficking measures, laws are sometimes not enforced or there is a lack of implementing regulations. Indeed, certain countries with strong legal platforms are sometimes described as safe havens because they do not enforce their own laws.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 23
- Paragraph text
- Trafficked persons are often arrested, detained, charged and even prosecuted for such unlawful activities as entering illegally, working illegally or engaging in prostitution. The vulnerability of trafficked persons to such treatment is often directly linked to their situation: their identity documents may be forged or have been taken away from them, and the exploitative activities in which they are or have been engaged, such as prostitution, soliciting or begging, may be illegal in the State of destination. Criminalization is also possible in countries of origin, where returned victims of trafficking may be penalized for unlawful or unauthorized departure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 24
- Paragraph text
- In many cases, criminalization is tied to a failure of the State to identify the victim correctly; trafficked persons arrested, detained and charged not as victims of trafficking, but as smuggled or undocumented workers. The Special Rapporteur notes that efforts to identify trafficked persons as victims deserving of protections are often complicated by the problem of "imperfect" victims. Some victims may have committed crimes, whether willingly or as a result of force, fraud or coercion, prior to becoming or in conjunction with becoming a trafficking victim, thereby making it hard to distinguish victims from perpetrators.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 25
- Paragraph text
- While trafficked persons are not entitled to wholesale immunity from crimes they commit, the Special Rapporteur observes that the increasingly recognized standard is that they should not be prosecuted for offences relating to their status as trafficking victims. Indeed, criminalization and/or detention of victims of trafficking is incompatible with a rights-based approach to trafficking because it inevitably compounds the harm already experienced by trafficked persons and denies them the rights to which they are entitled.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 26
- Paragraph text
- There are further severe consequences of criminalizing victims. Victims who develop a criminal record may have difficulties in recovery and reintegration. In addition, the criminalization of victims is counterproductive to prosecutions because it destroys trust, retraumatizes victims and reinforces what traffickers may have told victims about law enforcement authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 28
- Paragraph text
- The Special Rapporteur observes that, while numerous States do not have a specific law designed to minimize the criminalization of trafficking victims, many note that, as a matter of policy, trafficking victims are not prosecuted for status-related crimes. The Special Rapporteur observes, however, that some States have passed specific legislation in this regard. For example, a Moldovan law provides that trafficked persons who have committed unlawful acts as a direct result of being trafficked will not be prosecuted for such offences. In the United States, New York State recently passed a law to allow trafficking victims with prostitution-related convictions to vacate their judgements.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 29
- Paragraph text
- Other laws provide more limited protection for trafficked persons. For example, in Azerbaijan, trafficked persons are exempt from liability only for deeds committed under coercion or intimidation while being trafficked. In Jamaica, the law provides for immunity from prosecution if a victim of trafficking breaches immigration or prostitution laws. In Slovakia, while criminal liability for victims is not explicitly excluded, being a victim of trafficking is considered to be a mitigating circumstance. Lithuanian law currently provides that victims of trafficking not be punished for engaging in prostitution; draft amendments to the Penal Code exempt victims of trafficking from any criminal act committed as a direct consequence of their situation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 30
- Paragraph text
- In other States, however, statutes criminalize activities associated with trafficking without proper safeguards to identify victims of trafficking. For example, in India, the Ministry of Home Affairs issued a memorandum in 2009 instructing law enforcement to focus on the aspects of the Trafficking Act that criminalize exploiters. Reports nonetheless indicate that the Act, which criminalizes the act of solicitation for prostitution, continues to be used to detain and penalize prostitutes, including those who are victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 31
- Paragraph text
- Timely and efficient identification of victims is central to the criminalization of trafficking, as it affects the ability of law enforcement officials to prosecute traffickers effectively and is fundamental in terms of being able to provide trafficked persons with the necessary support services. The Special Rapporteur observes, however, that the issue of identification raises a number of complex pragmatic questions, in particular concerning how, where and by whom identification should be performed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 32
- Paragraph text
- The Special Rapporteur is aware of the fact that each victim of trafficking has a unique story and experience, which makes it difficult to create categorical rules about identification of victims. Yet while there is no one clear formula for best identifying victims, a number of examples and already existing practices may provide guidance on the issue.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 33
- Paragraph text
- Indicators, including those developed by the International Labour Organization (ILO), the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC) are increasingly being used as a tool to identify trafficked persons. The Special Rapporteur encourages law enforcement agencies, including police and immigration, to draw on existing indicators in the identification processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 34
- Paragraph text
- Police are often at the forefront when identifying victims, and thus play a critical role in this process. While they may be experienced in law enforcement in general, they may not have specific expertise in trafficking in persons; for this reason, the Special Rapporteur highlights the importance of ensuring that they are given appropriate training to identify victims of trafficking accurately and with sensitivity.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 35
- Paragraph text
- In response to Special Rapporteur's questionnaire on specific actions taken by Governments to facilitate quick and accurate identification of trafficking victims, numerous responses, in particular from Estonia, Finland, Georgia, Germany, Japan, Lithuania, Malta, the Netherlands, Romania, and Sweden, indicated that task force or agencies coordinating in country anti-trafficking work have organized specialized training sessions to enhance the capacity of front-line officers, especially the police, immigration, border guards and labour inspectors, to identify actual and potential trafficking victims and to make referrals to appropriate services. Most of the sessions were carried out in collaboration and/or with funding from international organizations, including IOM, ILO, UNODC, the European Union, the United States Agency for International Development, the Asia Regional Trafficking in Persons Project and the Swedish International Development Cooperation Agency. Some Governments have gone even further to develop national referral mechanisms, standard operating procedures or brochures, manuals, handbooks and/or other tool kits to build capacity and raise awareness to facilitate rapid and accurate identification of victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 36
- Paragraph text
- Jamaica, for example, through its National Task Force against Trafficking in Persons, and in collaboration with non-governmental organizations, has developed trafficking indicators, protocols and referral mechanisms for agencies involved in the identification, counselling and protective care of rescued or potential victims. Bulgaria has a comprehensive list of indicators for identifying victims of trafficking as part of its national referral mechanisms developed in cooperation with non-governmental organizations. Bulgaria also provides training on trafficking in human beings and victim identification to diplomats, consular and military attaches through the Diplomatic Institute at the Ministry of Foreign Affairs. The National Anti-Human Trafficking Task Force in Sri Lanka is currently developing and implementing standard operating procedures that would assist in the accurate and timely identification of victims of trafficking, and establish a referral mechanism to provide assistance and protection. Similarly, in April 2011, in the Republic of Moldova, the National Committee for Combating and Prevention of Trafficking in Persons approved the draft of an interdepartmental regulation on the identification of victims and potential victims of trafficking. The draft, which is awaiting final adoption and publication by the Ministry of Justice, will be an operational tool for organizations engaged in the national referral system and is aimed at streamlining and standardizing the identification process. 37.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 37
- Paragraph text
- Community-based organizations and victim support agencies are also becoming increasingly important in the identification of victims of trafficking. For example, in Australia, non-governmental organizations accounted for 13 per cent of all referrals in the period 2009-2010. In keeping with a human rights-based approach, the Special Rapporteur observes that victims identified by non-governmental organizations should only be referred to the police if they give their consent. Importantly, Government financial support for victim support agencies should not make such funding contingent on requiring them to pass on information about identified victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 38
- Paragraph text
- Other mechanisms include agreements and partnerships between Government and non-government agencies, including victim service providers, to ensure that victims identified by non-State actors have access to Government support services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 39
- Paragraph text
- There is growing recognition for the need to provide victims of human trafficking with support services, which, however, must be designed and delivered in a manner that is compatible with a human rights-based approach.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 40
- Paragraph text
- Some States have introduced reflection and recovery periods in order to provide immediate support and protection to victims not conditional on cooperation with criminal justice processes. During these periods, trafficking victims receive assistance, including shelter, health care and legal advice to enable them to make informed decisions about whether to participate in the criminal justice process. Such periods of reflection have the added advantage of giving investigators and prosecutors time to gather evidence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 42
- Paragraph text
- The Special Rapporteur notes that other States have linked the provision of assistance and protection to cooperation with national criminal justice agencies. For example, in Norway, in accordance with measure No. 5 of its Action Plan to Combat Human Trafficking, permanent residency permits are available for trafficking victims who face retribution or hardship in their country of origin as long as they give a statement to police outside of court and for those victims who testify in court. In some legal systems, the issue of conditional assistance is complicated by a legal requirement on victims to cooperate in an investigation or prosecution if that cooperation is deemed necessary. The Special Rapporteur notes that, in accordance with international law, support and protection should not be made conditional on the victim's capacity or willingness to cooperate in legal proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 44
- Paragraph text
- In Thailand, concerns persist that children and women identified as victims of trafficking are automatically placed in Government-run shelters, pursued if they "escape" and, in some cases, forced to spend years awaiting processing. Such detention not only impedes the rights of victims but also discourages and diminishes the quality of victim cooperation with authorities. Above and beyond the infringement of victims' human rights, the Special Rapporteur observes that such an approach can serve as a disincentive for victims to report cases to authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 45
- Paragraph text
- Numerous international legal and policy instruments agree that any effective anti-trafficking effort must involve close collaboration between criminal justice agencies and victim support agencies, including non-governmental organizations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 46
- Paragraph text
- Working at the forefront and on the ground, victim support agencies will often be the first to come into contact with trafficked persons; they thus serve a fundamental function by referring victims to the appropriate authorities for assistance, helping to file complaints and reporting illegal activity to law enforcement. Moreover, in States where resources may be limited for anti-trafficking programmes, such agencies can provide valuable support by operating shelters, giving free legal assistance or offering medical or psychological care. Even where resources are abundant, the provision of assistance by victim support agencies remains invaluable, because victims may be more likely to trust a non-governmental organization than criminal justice agencies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 47
- Paragraph text
- Partnerships may suffer, however, if there is a lack of trust between criminal justice agencies and victim support agencies, in particular if those supporting victims are not provided adequate funding, not trusted to participate in legal processes, or excluded from anti-trafficking efforts. Where such relationships are properly developed, however, the results can be very fruitful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 48
- Paragraph text
- It should also be acknowledged, however, that there are limits to the services that victim support agencies may be able to provide. States remain responsible for ensuring the well-being of victims, and it is important that they are cognizant of the mandates, resources and capacity of non-governmental organizations and victim service providers to administer necessary assistance to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 49
- Paragraph text
- The conclusion of memorandums of understanding laying out cooperation mechanisms and delineating roles and responsibilities between criminal justice agencies and victim service agencies has been one way to foster understanding and increase communication. Various provinces in Thailand have adopted internal memorandums signed by Government officials, the Royal Thai Police and victim support agencies. The memorandums clarify the roles and responsibilities of each entity, elucidate working principles and definitions, and are intended to introduce systems to improve the working relationship between the parties. In the Republic of Moldova, a memorandum of understanding was signed by the Ministry of Internal Affairs, the General Prosecutor's Office, the Ministry of Social Protection, IOM and a number of non-governmental organizations and service providers. As a result, the organizations and other service providers in the country offer an array of services for victims, including medical and legal assistance, case monitoring, special assistance for children and services to help with re-integration, such as vocational training, employment counselling, grants for business development and social welfare assistance.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 50
- Paragraph text
- Even in the absence of formalized cooperation agreements, increased cooperation can yield important results. For example, although no formal cooperation mechanisms exist between non-governmental organizations and criminal justice agencies in Belarus, in recent years there has been an increase in practical cooperation between them in providing assistance to trafficking victims. As a result, non-governmental anti-trafficking organizations have reported that communication with officials has improved and, in some instances, the relevant agencies have permitted specialists from the organizations to attend police interviews and closed court hearings upon victims' requests. More recently it was reported that non-governmental organizations had assisted in the training of Government officials in victim identification.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 51
- Paragraph text
- In the Netherlands, the Co-ordination Centre on Human Trafficking, La Strada (CoMensha), is an independent organization that works with the national government by preparing reports to inform the recommendations and actions of the Dutch National Rapporteur on Trafficking in Human Beings. CoMensha also registers trafficking victims, makes referrals to partner organizations or authorities, maintains regional networks to coordinate shelter, legal services, medical care and other forms of assistance for victims and provides capacity building trainings to practitioners.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 52
- Paragraph text
- Government agencies and non-governmental organizations may collaborate in other innovative ways, as seen in the development of a new reporting mechanism in the Philippines. Recognizing that Filipinos are some of the most prolific users of short message service (SMS) technology in the world, a plan entitled "SOS SMS for Overseas Filipino Workers in Distress was created in 2006. For Filipinos abroad, SOS SMS is an all-hours text-based ICT mechanism implemented in coordination with non-governmental organizations and Government agencies to enable trafficked persons to solicit help via any SMS-enabled telephone system. The programme allows for instantaneous and inexpensive reporting, and facilitates counselling, guidance and emergency assistance.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 53
- Paragraph text
- In India, non-governmental organizations play a significant role both in rescuing victims of trafficking and in providing them with assistance and reintegration services. A judgement made by the fifth Additional Metropolitan Session Judge Court in Hyderabad, Andhra Pradesh, involving a trafficked child illustrates how collaboration resulted in the conviction of two traffickers and support for the minor-victim. In this case, the victim was able to escape her traffickers and contact a non-governmental organization, Prajwala, based in Hyderabad. Prajwala filed a complaint on behalf of the victim, which led to a criminal investigation conducted jointly by police, the Forensics Department and the organization. The traffickers were arrested and the victim was given safe shelter. Prajwala provided psychological counselling and organized a mock trial, with the help of the Public Prosecutor, to prepare the victim to give testimony in court. The case was adjudicated in less than one year and the traffickers were sentenced to a prison term and fined.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 54
- Paragraph text
- Victims of trafficking play a critical role in the criminal prosecution of traffickers and their accomplices. The Special Rapporteur is well aware that the complexity of the crime of trafficking and related evidentiary complications can make investigations and prosecutions difficult, if not impossible, without the cooperation and testimony of victims. It is, however, important to clarify that a human rights approach to trafficking does not preclude the active involvement of victims in the investigation and prosecution of their exploiters. Rather, such an approach confirms that States, through their national criminal justice agencies, should be working towards recognizing victims of trafficking as an essential resource who are provided with the protection and support they need to participate safely and effectively in criminal justice processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from deportation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 56
- Paragraph text
- During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 57
- Paragraph text
- Proactive investigations that seek to collect evidence to obviate or support victim testimony are another way for States to realize their due diligence obligation to prosecute trafficking without unduly burdening victims. The Special Rapporteur notes that alternative or corroborative evidence may be difficult to collect in trafficking cases because of limited resources and a lack of trained officials, particularly in States most affected by trafficking. The situation may also be compounded by the hidden nature of the crime and the lack of concrete records or indicators of criminal activity. It is important to acknowledge that substituting victim testimony with alternative evidence may not allow for full and effective prosecution. Nevertheless, the added value of such evidence merits attention, not least because the discovery of additional or corroborative evidence may alleviate some of the pressure put on victims during the prosecution process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 58
- Paragraph text
- The development of alternative evidence-gathering techniques has received some attention from States, particularly in recent years. In 2009, a memorandum issued by the Government of India (see also paragraph 30 above) stated that, in order to increase conviction rates, States should build cases based on documentary, forensic and material evidence and lessen the degree of reliance on victim-witness testimony. In the United States, at both the State and federal levels, experts have commented on the value of bolstering a victim's testimony with alternative forms of evidence through such methods as surveillance exercises, subpoenas of phone records, interviews of numerous witnesses and victims, public record searches, information received from confidential informants and warrants to search cars, homes and e-mail. Similarly, reviewing potential sources of evidence, such as transportation receipts, phone records and social websites, has been reported as helpful in bolstering victim testimony.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 59
- Paragraph text
- Another good practice is where States have taken measures to provide victim-witnesses with important information about participation in the justice process and to address privacy and safety concerns during trials. In the United Kingdom of Great Britain and Northern Ireland, the Crown Prosecution Service has a policy of keeping victims informed about case developments, hearing dates, verdicts and sentences. In order to help agencies provide victim-witnesses with information in a language they understand, UNODC and the Global Initiative to Fight Human Trafficking (UN.GIFT) have developed a tool, "VITA", to identify the nationality and language of trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 60
- Paragraph text
- Given that the complexity of the trafficking crime requires specialization and expertise, a number of States have established specialized agencies or institutions on trafficking. Many national police forces have specialized trafficking units. Some of these units operate on the national level; in other countries, such as Cambodia, the Lao People's Democratic Republic and Myanmar, have decentralized the specialist response to the provincial level.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 61
- Paragraph text
- Success has been achieved in Nigeria through the creation of a national agency for the prohibition of traffic in persons and other related matters. The agency's mandate is two-fold: law enforcement and providing victims with assistance. It recently reported that it had secured convictions against 111 individuals for trafficking violations and rehabilitated more than 4,000 victims since it began its work in 2003. The agency works with other federal agencies, civil society and international organizations to coordinate victim assistance and centralize information on anti-trafficking activities, and has helped to establish State-level anti-trafficking committees.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 62
- Paragraph text
- In Pakistan, the Federal Investigation Agency has set up specialized anti-trafficking units. India has also developed anti-human trafficking units in a number of its police departments designed to investigate trafficking cases. While reports have indicated that many of the units lack resources, India has earmarked funding to establish new ones as part of its efforts to strengthen its national law enforcement response.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 63
- Paragraph text
- Another important issue is the extensive backlog of trafficking cases in the courts. The establishment of specialized courts could help to remedy this; for example, Argentina and Uruguay have created specialized courts to deal exclusively with trafficking cases. More recently, the Chief Judge of Edo State in Nigeria granted approval to develop two special courts to try human trafficking cases. The United States and Mexico have each made efforts to develop specialized units to prosecute cases of trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 64
- Paragraph text
- Insufficient data and accompanying analysis on patterns of criminal activity continue to hinder efforts to investigate and prosecute trafficking cases. To address this problem, Peru has developed a database system for its national police force to record and manage trafficking cases, which can be used to generate statistical reports and qualitative intelligence information to enhance investigative capacity. In Colombia, an operational anti-trafficking in persons centre coordinates and tracks investigations, prosecutions and victim assistance programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 65
- Paragraph text
- The strength of criminal justice responses to trafficking are partly reflected by the incorporation of internationally accepted procedural guarantees for the accused. The provision of protection and support for victims must be balanced against respect for the rights of those accused of trafficking crimes. Failure to provide for the rights of the accused could compromise the integrity of proceedings and undermine trust in the justice process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 66
- Paragraph text
- International law places an obligation on States to impose effective and proportionate punishments for trafficking and related offences. When considering the appropriate standard, it is important to recognize that punishments that are disproportionate to the harm caused will create distortions that can only hinder effective criminal justice responses. For example, inadequate penalties can fail to deter future crimes and to deliver justice to victims, and potentially impair the effectiveness of international cooperation procedures, such as extradition, which are triggered by a severity test linked to the gravity of sanctions. On the other hand, rigid or extremely severe punishments, such as mandatory minimum custodial terms or provisions for capital punishment, may not meet the required human rights and criminal justice standards.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 67
- Paragraph text
- The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim's care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 68
- Paragraph text
- Given the transnational nature of human trafficking, acts may often take place across borders, creating jurisdictional issues. For this reason, a number of States have given their courts jurisdiction over the crime of trafficking even if the crime takes place in a foreign jurisdiction. Others have legislated that if at least one of the acts of trafficking (for example, recruitment, accommodation or exploitation) is committed on national territory, prosecution may be pursued even if the act was carried out abroad.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 69
- Paragraph text
- The Special Rapporteur notes that international cooperation and collaboration in the investigation process is also important; for example, Malta grants investigators the legal authority to take all measures they would be entitled to take in a domestic case if so requested by a foreign judicial authority. The Special Rapporteur also recalls the positive example noted at the expert meeting, where the collaboration of law enforcement authorities from Nigeria and other European destination countries regarding the trafficking of persons from Nigeria into the Netherlands and Europe led to the arrest of traffickers in Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom, as well as in the United States and Nigeria. The Netherlands built on the experience by providing the Nigerian agency for the prohibition of traffic in persons (see paragraph 61 above) with training and technical assistance for detectives, prosecutors and border police. Another example of cross-border collaboration can be seen in Rwanda, whose national police Aanti-trafficking unit has collaborated with police in Burundi to rescue victims. In addition, Rwanda has set up the Isange Centre to rehabilitate victims and has made efforts to train law enforcement officials, including by sending them abroad.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 70
- Paragraph text
- Extradition is another important legal mechanism for ensuring the effective prosecution of suspects, precluding the ability of traffickers to flee to a "safe haven" State. The United Nations Convention against Transnational Organized Crime requires States parties to treat offences established in accordance with the Protocol as extraditable offences under domestic law, and to ensure that such offences are included as extraditable offences in current and future extradition treaties. A number of regional instruments, such as the Inter-American Convention on International Traffic in Minors, in its article 10, specifically identify trafficking as an extraditable offence. A number of States have explicitly provided that trafficking is an extraditable offence.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 71
- Paragraph text
- While extradition is instrumental in ensuring the efficient prosecution of suspected traffickers, thereby upholding the interests of both the victim and the State, the Special Rapporteur notes the importance of ensuring a rights-based approach to extradition, which would require consideration of the human rights implications of action at all stages of the extradition process. Such safeguards include an evidentiary test to protect individuals from being extradited on the basis of groundless allegations and/or from requests made in bad faith or to punish a person on account of their race, sex, religion, nationality, ethnic origin or political opinions. The Special Rapporteur also emphasizes the fact that the right to a fair trial, as provided for in articles 9, 14, 15 and 16 of the International Covenant on Civil and Political Rights, must apply to all extradited persons. Similarly, the principle of non-refoulement prohibits the return of a person where she or he would suffer discrimination or where this would result in the extradited individual being subjected to torture or cruel, inhuman or degrading treatment or punishment.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 72
- Paragraph text
- A corollary of the fact that States have a responsibility to investigate, prosecute and adjudicate trafficking crimes with due diligence is the development of criminal justice agencies and institutions equipped to handle trafficking and other crimes. Integrated training that promotes a rights-based approach and provide technical skills is of critical value in the fight against trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 73
- Paragraph text
- The Special Rapporteur was pleased to learn from the responses received that a majority of States provided training programmes to raise awareness of officials in a wide range of Government agencies, including the judiciary, the police, the health sector and within specific ministries. These programmes are sometimes arranged by specialized officials within Governments, while at other times are supported by multilateral and bilateral partnerships, including with international organizations such as IOM and UNODC.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 74
- Paragraph text
- In addition to training, efforts to organize, empower and coordinate the activities of criminal justice officials and agencies are important in building the capacity of national responses. Lack of commitment or knowledge on the part of prosecutors and judges may result in poorly prepared legal arguments and briefs, improper application of the law, inappropriate sentencing, ineffective use of witnesses or evidence and insufficient attention to protection for victims. Lastly, lack of cooperation between police and prosecutors diminishes the effectiveness of the criminal justice response.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 75
- Paragraph text
- The Special Rapporteur is pleased to learn that States have begun to create specialized law enforcement, prosecutorial and adjudicative units to combat trafficking. Funding and resource allocation remain important issues.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 76
- Paragraph text
- The Special Rapporteur notes the important role that non-governmental organizations can play in training officials. For example, in Australia, they are invited to give presentations to investigators. In Nicaragua, Casa Allianza Nicaragua has organized workshops for both journalists and police to raise awareness about trafficking and to stress the need to protect victims and to improve investigations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 77
- Paragraph text
- Based on the responses administered, the Special Rapporteur notes that foreign Government donors and also international organizations make important contributions through the design, implementation and evaluation of law enforcement development programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 78
- Paragraph text
- By undermining the financial gain of traffickers, asset recovery plays an important role in the criminal justice response to trafficking. The financial information obtained in asset recovery can also serve as corroborative evidence and, by strengthening the prosecution, protect the rights of present and potential victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 79
- Paragraph text
- Articles 12 to 14 of the United Nations Convention against Transnational Organized Crime requires States parties to have sufficient powers to facilitate the seizure of assets, and sets out the requirements and procedures for it. Article 23, paragraph 3 of the Council of Europe Convention on Action against Trafficking in Human Beings states that each party to the Convention should adopt "such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 80
- Paragraph text
- The Special Rapporteur notes that linking asset seizure to victim support is in line with a rights-based approach to human trafficking. Recovered assets can be a key source of funds when providing victims with compensation. The Special Rapporteur reminds States that trafficking victims have a right to compensation for the harm committed against them. Indeed, article 6, paragraph 6 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children provides that States parties legal systems must take measures that offer the possibility of compensation to victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 81
- Paragraph text
- In some States, laws explicitly provide that restitution and compensation be made to victims of trafficking out of the proceeds of assets seizure. In Cambodia, for example, articles 46 and 47 of the Law on Suppression of Human Trafficking and Sexual Exploitation afford victims "preference over property confiscated by the State" for the payment of damages. Other schemes have been established to allow the direct transfer of funds to victims; for example, in Nigeria, the Victim of Trafficking Trust Fund manages the proceeds of confiscated assets for the welfare and rehabilitation of the victim. In 2008, in England and Wales (United Kingdom of Great Britain and Northern Ireland), in the matter of AT v Dulghieru, the High Court awarded compensation of £611,000 to four trafficking victims of the £786,000 that had been confiscated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 82
- Paragraph text
- A number of States have established funds for victims in which seized assets are deposited; for example, in Egypt, article 27 of the Anti-Trafficking Law provides for the creation of a fund to assist victims of human trafficking sourced from proceeds of confiscated assets, fines and donations from foreign or national entities. Similarly, in Lesotho, the Anti-Trafficking Act 2011 provides for assets to be forfeited and confiscated, to be deposited in a trust fund for victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 83
- Paragraph text
- The Special Rapporteur notes that there are other instances where, despite laws allowing for the seizure of assets, the proceeds of funds confiscated have reportedly failed to be distributed to victims. For example, in Bosnia and Herzegovina, which has a comprehensive anti-trafficking law, in a landmark case in 2009, a trafficking ringleader was sentenced to 12 years in prison, fined $14,286, and over $204,600 in assets were seized. There is, however, no evidence that these funds went to the victims. Similarly, in the Czech Republic, following the successful prosecution of eight gang members for trafficking, the assets of the accused, estimated at more than $1.5 million, were seized. Again, no evidence was found that the funds had been distributed to the victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 84
- Paragraph text
- Other laws allow for the confiscation of assets from convicted trafficking offenders but do not directly support victims. For example, in Armenia, although article 266 of the Criminal Code provides for the confiscation of assets from convicted trafficking offenders, it does not specify where those funds would go. Thus, in 2010, although the Government provided partial funding of $17,000 for a shelter for 21 trafficking victims, it was not clear whether the funding was derived from the proceeds of asset confiscation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 85
- Paragraph text
- A better alternative would be for confiscated assets to be allocated specifically to programmes supporting victims of trafficking; for example, the Government of Australia has committed funds allocated under the Proceeds of Crime Act from confiscated assets of criminals to key non-governmental anti-trafficking organizations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 86
- Paragraph text
- Lastly, the Special Rapporteur notes that, since traffickers often operate on an international basis, their assets may be located in another State than the one where trafficking is organized. She therefore urges States to cooperate to develop and enforce laws on international asset recovery.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 87
- Paragraph text
- A review of national criminal justice responses to trafficking reveals that, while States have begun to incorporate and implement elements and standards found in international human rights law, much remains to be done. Low prosecution and conviction rates around the world confirm that even those States with advanced criminal justice systems and sophisticated anti-trafficking strategies must look to improve their performance. Of particular concern is the need to ensure that the rights of all persons, most particularly but not exclusively victims, are respected.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 88
- Paragraph text
- States must take proactive steps to build the capacity of front-line officials from all agencies that might encounter trafficking crimes or victims for quick and accurate identification of trafficking victims. Governments should establish national referral mechanisms for identifying and assisting victims, in close cooperation with all actors, especially victim service providers and non-governmental organizations. States, as part of efforts and cooperation at the subregional level, should consider the adoption of transnational referral mechanisms for trafficked persons. This would encourage law enforcement cooperation in investigation, arrest and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 89
- Paragraph text
- Laws and policies that do not contain adequate safeguards to prevent the prosecution of trafficking victims for status-related offences must be revised, in particular by taking steps to ensure that they are not prosecuted for offences related to their status as trafficked persons, including sex crimes, begging, working or immigration violations. In addition, it is important that States provide post-conviction remedies, such as the possibility to quash judgements for status-related offences.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 90
- Paragraph text
- In addition to criminalizing trafficking in persons in conformity with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States must ensure the criminalization of other crimes relating to trafficking in persons, including - but not limited to - corruption, money-laundering, debt bondage, obstruction of justice and participation in organized criminal groups.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 91
- Paragraph text
- Victims of trafficking are legally entitled to take an active and meaningful role in efforts to convict their exploiters, and should be supported to that end. This would therefore require the adoption of reflection and recovery periods accompanied by the provision of assistance not conditional on cooperation with the authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 92
- Paragraph text
- States should protect the safety and well-being of victim-witnesses, in particular in view of the fact that victims may be subject to threats or reprisal from traffickers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 93
- Paragraph text
- The Special Rapporteur urges States to extend protection and assistance to victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial. Experience has shown that victim-witnesses are most vulnerable post-trial, when they usually no longer benefit from witness protection programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 94
- Paragraph text
- In addition, judges and lawyers involved in trafficking cases should be trained to recognize the sensitive nature of trafficking cases, and be provided with tools to ensure effective and respectful trials, especially to protect victims of sex trafficking and to speed up the access of victims to justice.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 95
- Paragraph text
- The role of victim support agencies in identifying trafficking cases and victims, providing information on trends in human trafficking and delivering services and support should be recognized and facilitated by States. Efforts should be made to build confidence and to encourage greater coordinated collaboration. The conclusion of bilateral agreements and memorandums of understanding on key areas of delivery will aid communication and build trust. In partnering victim support agencies or other civil society organizations, States must not delegate the responsibility to provide for the well-being of victims and must remain vigilant to ensure respect for human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 96
- Paragraph text
- Training is an important component of anti-trafficking strategies, and the development of specialized anti-trafficking units may assist States to strengthen capacity to investigate and prosecute trafficking. Such units must be bound by clear mandates to address anti-trafficking matters, and be adequately equipped and funded.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 97
- Paragraph text
- The Special Rapporteur urges States to engage in proactive investigation, employing new technologies and methods that focus on gathering evidence to prove culpability for trafficking crimes without heavy or sole reliance on the testimony of victims. Trafficked persons should not be used as instruments for criminal investigations. In all cases, it is imperative that States integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 98
- Paragraph text
- Punishment for trafficking in persons must be effective, appropriate and dissuasive. Again, it must be proportionate to the offence committed, and proceeds from the crime should be confiscated.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 99
- Paragraph text
- States are urged to disaggregate data on prosecution for trafficking offences by sex, age, year, nationality of convicted persons, form of exploitation, sanctions/penalties and terms of imprisonment, as well as other indicators that would assist in gathering intelligence on understanding the phenomenon of trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 100
- Paragraph text
- As States work to adopt a rights-based approach, they should be cognizant of the fact that certain laws and policies may have unintended negative consequences for victims of trafficking. Laws or policies that infringe the right to movement for victims or that impose mandatory detention or rehabilitation in the name of protection are in violation of human rights laws and may deny victims the right to a proper remedy. Care should be taken to enact clear and enforceable legal frameworks that comply with international standards and principles. Such frameworks must take practical constraints into account and be tailored to the State's legal system in order to provide protection and assistance to trafficked persons during the criminal justice process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 101
- Paragraph text
- The Special Rapporteur notes that political pressure to prosecute traffickers may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important that efforts by States to end impunity for traffickers should include appropriate safeguards in the criminal justice responses that protect victims, witnesses and suspects, and integrate gender and aged-based perspectives into investigations and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 102
- Paragraph text
- Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the technical capacity of criminal justice administrators, in particular, that of judges, prosecutors and the police. A comprehensive curriculum on trafficking in persons, including online courses, should be mainstreamed in ongoing education training programmes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
Access to remedy for victims of trafficking for abuses committed by businesses and their suppliers
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/189
Document
Addressing the gender dimensions of trafficking in persons in the context of climate change, displacement and disaster risk reduction
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/170
Document
Agenda setting of the work of the Special Rapporteur
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/29/38
Document
Agenda setting of the work of the Special Rapporteur 2015, para. 7
- Paragraph text
- Trafficking in persons, especially women and children, is a gross human rights violation. It is also a lucrative crime that generates US$150.2 billion per year in illegal profits. The flow of trafficking in persons evolves with the changing socioeconomic realities of society and traffickers adapt their modus operandi accordingly.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 8
- Paragraph text
- In the age of globalization, trafficking in persons cannot be examined in isolation from the broader socioeconomic realities that drive it, nor should it be tackled only from a criminal perspective. Factors such as poverty and inequality, lack of educational opportunity and access to health care, gender discrimination, including gender-based violence, racial inequality and migration are some of the underlying factors that cause/contribute to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Health
- Movement
- Poverty
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 9
- Paragraph text
- No country or region is spared the crime of trafficking in persons, which can occur everywhere - at the national, subregional, regional, transcontinental and international levels. Recent trends reveal that victims tend to be trafficked from poor countries to more affluent ones within a region. Similarly, there is also a correlation between the affluence of a destination country (measured by its gross domestic product) and the share of victims trafficked there from other regions (transregional trafficking). Richer countries attract victims from a variety of origins and countries, whereas less affluent countries are mainly affected by domestic or subregional trafficking flows.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 10
- Paragraph text
- Moreover, trafficking in persons has been identified as a problem across a variety of economic sectors, including those integrated into global markets. It has been reported that the economic sectors most exposed to trafficking in persons include agriculture and horticulture, construction, garments and textiles, hospitality and catering, mining, logging and forestry, fishing, food processing and packaging, transportation, domestic service and other care and cleaning work. In those cases, trafficking in persons may be carried out by businesses and/or their business partners, including suppliers, subcontractors, labour brokers or private recruitment agencies, often because of the motivation to derive economic benefits from exploitable labour or services provided by trafficked persons or because of unmonitored or unregulated supply chain practices (see A/67/261, paras. 8-12). It is worth mentioning that in such cases trafficking in persons can and does occur without the transfer of victims from one place to another. The focus should therefore be on the exploitation, rather than the way the person has reached the destination country.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 11
- Paragraph text
- Trafficking in persons, especially women and children, is a multifaceted issue that is often interlinked with so-called mixed migration flows, encompassing various categories of persons on the move, including refugees, asylum seekers, economic migrants and other migrants travelling, mostly in an irregular manner, along similar routes, using similar means of travel, but for different reasons. Trafficking victims do not necessarily immediately enter the mixed migration flow process as trafficked persons, but might become trafficked during their journey or when they reach a transit or destination country. Their migration might often have started out through smuggling, but then have turned into trafficking at a later stage. Initial consent to a migration project, be it regular or irregular, does not imply that a case has necessarily to be qualified as smuggling. Rather, when migrants are placed in abusive and exploitative situations during their journey or at their destination, and when their rights are drastically limited or completely denied, the case in question has to be qualified as trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 12
- Paragraph text
- In fact trafficked persons, like other categories of persons in a migration process, are initially persons pushed into a search for a better life to flee a range of issues, such as poverty, armed conflict, humanitarian crises, torture or other human rights violations, including domestic violence and gender-related persecution. Social and economic vulnerabilities, linguistic isolation, irregular residence status and States' persistent failure to recognize and protect the human rights of vulnerable and/or undocumented migrants contribute to exploitative activities that occur as a result of trafficking in places of origin, transit and destination (A/HRC/26/37/Add.2, para. 46). This is particularly prevalent in some sectors in countries of destination that have a rapidly growing demand for low-cost, low-skilled migrant labour, and that are thus prone to labour exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 13
- Paragraph text
- Moreover, increasingly restrictive and exclusionary immigration policies, including criminalization and detention of irregular migrants, insufficient channels for regular migration and family reunification, and lack of regular access to the labour market for asylum seekers, refugees and migrants, while rarely achieving their purpose, further contribute to an increase in the exploitation of migrants, including through trafficking (A/HRC/26/37/Add.2, para. 46).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 14
- Paragraph text
- Violent conflicts and humanitarian crises fuel trafficking in persons. Situations such as the persecution of minorities, arbitrary detention, torture, rape, kidnapping and enforced disappearance, the destruction of homes, increased food prices and progressively scarce access to water and sanitation, which increase the risk of illness and starvation, lead to forced internal and international displacement of the population and forced migration. In their search for a safer and better life, many fall prey to traffickers and exploiters.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Humanitarian
- Movement
- Poverty
- Violence
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 15
- Paragraph text
- Trafficking is a feature of armed conflict as well as of post-conflict situations and usually has a strong gender dimension. For instance, men and boys are trafficked for the purpose of supplying combatants to supplement fighting forces. Armed conflicts also increase the risk of women and girls being sexually exploited, which includes being abducted and forced into sexual slavery and/or forced prostitution. Those victims may be transported across international borders before being sold and trafficked to other regions or countries. They can also be trafficked for the purposes of forced labour for armies and armed groups. In addition, arranged marriages or false promises of domestic work abroad that are expected to provide children with a better life often render them vulnerable to trafficking for the purposes of commercial sexual exploitation and forced labour, including domestic servitude. Furthermore, paramilitary groups can wreak havoc on communities during armed conflicts, often forcing children to become soldiers and workers, including in the illegal drug trade.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 16
- Paragraph text
- Recent trends show that people fleeing conflict and emergency situations to seek asylum increasingly risk their lives in unsafe travel conditions at sea and on land. Those who survive the perilous journey are at a higher risk of trafficking because of their desperation and lack of viable options. They face continued uncertainty, physical, emotional and psychological insecurity, financial strain and lack of legal and/or social inclusion in their host communities. That lack of inclusion means they have little access to education, health care and housing. It also means they face significant barriers in accessing jobs in the formal labour market and can often only find work in the informal economy. By its very nature, the informal sector is unregulated, making it an ideal environment for unscrupulous employers and/or intermediaries to exploit and traffic workers. With the considerable pressure on children to help provide financial stability to their families during humanitarian crises, those children may not only be vulnerable to trafficking, but they will also be more likely to work in the unregulated informal sector, as they do not receive an education.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 17
- Paragraph text
- In post-conflict situations, the association between military, peacekeeping, humanitarian and other international personnel and private contractors, organized crime and the growth of trafficking in women and children for sexual exploitation has raised global concerns. It has been reported that an international presence fuels the demand for work and services produced through trafficking and exploitation, in particular sexual services and forced labour. Various factors, such as a vulnerable population and fragile/non-existent institutions, including weak law enforcement, can combine to create a climate of impunity in which international personnel involved in criminal exploitation and trafficking are not investigated, apprehended or prosecuted. Moreover, unclear contractors' engagement regulations are likely to fuel abusive practices the dynamics of which have not yet been fully understood, such as deceptive recruitment practices in countries of origin, followed by exploitative employment by military contractors in conflict areas.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 18
- Paragraph text
- Trafficking of children is on the increase globally, with girls being affected the most. The recently released Global Report on Trafficking in Persons 2014 also notes significant regional differences concerning child trafficking, with children comprising a majority of detected victims of trafficking in Africa and the Middle East.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 19
- Paragraph text
- The mandate's work has confirmed that girls and boys are trafficked for a variety of reasons, including for purposes of sexual exploitation, such as in prostitution and in the production of child pornography. Furthermore, they are trafficked for forced and exploitative labour in farms and factories and on fishing boats, for forced criminal activities, for forced and organized begging, and for domestic servitude in private households. While much trafficking of children involves movement across international borders, many countries experience the phenomenon of internal child trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 20
- Paragraph text
- The mandate found that in certain regions, trafficked children, like adults, are often obliged or induced by their traffickers and exploiters to commit crimes, inter alia, pickpocketing, burglary, and drug cultivation and transportation. In spite of non-punishment clauses in regional and international legal instruments, the children are often then prosecuted, imprisoned and/or deported for the illegal activities they have carried out as a direct consequence of their situation as trafficked persons, instead of being considered as victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 21
- Paragraph text
- Child victims of trafficking need specific assistance, protection and support that often differ substantially from those given to adults and they require child-specific and child-centred measures in relation to identification, protection and assistance that are based on the principles and provisions of existing human rights law (A/HRC/26/37/Add.2, paras. 39-42). In particular, appropriate procedures must be put in place to assess the best interests of the child in every case, before any decision is made regarding the child concerned, including assistance measures and eventually repatriation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 22
- Paragraph text
- Women are significantly involved in trafficking in persons, both as victims and offenders. Data regarding women are among the most interesting findings in the UNODC Global Report on Trafficking in Persons 2014, which confirms that women and girls are disproportionately exploited not only for the purposes of sexual but also labour exploitation. In some regions, such as in South and East Asia, in Africa and the Middle East, women are even the majority of people exploited as forced labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 23
- Paragraph text
- Men and boys can also become victims of trafficking, particularly for forced labour and to a lesser extent for sexual exploitation. However, lack of awareness about the involvement of men as trafficked persons has resulted in identification failures, as well as significant discrimination against male victims, particularly in terms of access to protection and assistance (A/HRC/26/37/Add.2, para. 34).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Boys
- Men
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 24
- Paragraph text
- With regard to perpetrators, while the majority of traffickers are men, women constitute 28 per cent of convicted trafficking offenders. It is not uncommon for women victims of trafficking to be convicted for offences connected with, or arising out of, their trafficking situation, as a result of coercion by their perpetrators to undertake criminal activities. In those situations, they often come to the attention of the authorities primarily as offenders, whilst they should rather be identified as victims of trafficking. On the other hand, in some cases women start out as victims of trafficking and, as a means of escaping their own victimization, turn into perpetrators, undertaking the most visible and dangerous criminal tasks. In that regard, the mandate has noted the involvement of women traffickers in areas such as the recruitment and controlling of children for forced labour and domestic servitude, and of women and girls for sexual exploitation (A/HRC/23/48/Add.2 and A/HRC/26/37/Add.4).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 25
- Paragraph text
- Some forms of trafficking mostly involve women and girls, who comprise the vast majority of people trafficked for sexual purposes and for labour exploitation in domestic servitude. Moreover, women are also trafficked for the purpose of forced and servile marriages (A/HRC/21/41).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 26
- Paragraph text
- Assistance and support measures should take into account a gendered perspective, building upon good practices in relation to the field of sexual exploitation, especially those based on solidarity and the help that women can provide to each other, and that survivors can provide to actual, potential and presumed victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 27
- Paragraph text
- The notion of social inclusion of victims of trafficking is a well-established element in the context of integration/reintegration of victims in the country of destination or in their home country. The social inclusion of victims of trafficking prevents their further victimization and is also a preventive measure against retrafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 28
- Paragraph text
- Social inclusion options for victims of trafficking, such as access to housing, social protection, health care, education and employment, are vital in countries of destination, transit and origin. In most cases, the capacity of countries to offer viable long-term social inclusion options for victims, in particular those returning to their country of origin, is limited owing to factors such as poverty, unemployment and weak social structures. On the other hand, in countries of destination social inclusion is hampered by a number of factors, including restrictive migration policies and poor labour market regulations. As a result, in many countries trafficked persons, even after being identified as such and having undertaken a rehabilitation and reintegration process, are not allowed to work or regularize their residence status; rather, they are repatriated at the end of criminal proceedings. In the absence of viable social inclusion options for victims of trafficking, it will be difficult to break the cycle of trafficking and retrafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 29
- Paragraph text
- Trafficking is a grave violation of a number of human rights, especially the right to liberty and the right not to be held in slavery or involuntary servitude, the right to be free from cruel and inhumane treatment, the right to be free from violence and the right to health. The Special Rapporteur's framework for action will be guided by existing international and regional human rights instruments and principles relating to trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 30
- Paragraph text
- Prior to the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (also referred to as the Palermo Protocol), trafficking in persons was addressed in various instruments, including the 1926 Slavery Convention, the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, and the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Other international normative documents also contain provisions against trafficking of persons, such as the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, the 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the sale of children, child prostitution and child pornography.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 31
- Paragraph text
- In December 2003, the Palermo Protocol entered into force and has since been ratified by many States. The purposes of the Protocol are to prevent and combat trafficking in persons, paying particular attention to women and children; to protect and assist the victims of trafficking, with full respect for their human rights; and to promote cooperation among States parties in order to meet those objectives. UNODC offers practical help to States in the implementation of the Protocol, giving guidance for the drafting of laws and the creation of comprehensive national anti-trafficking strategies, and assisting with resources to implement them.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 32
- Paragraph text
- In addition, several ILO instruments are also of relevance to combating trafficking in persons, including ILO Conventions No. 29 (1930) concerning Forced or Compulsory Labour; No. 100 (1951) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value; No. 105 (1957) concerning the Abolition of Forced Labour; No. 111 (1958) concerning Discrimination in Respect of Employment and Occupation; No. 138 (1973) concerning Minimum Age for Admission to Employment; and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Of particular importance is the Protocol to the Forced Labour Convention, 1930 which came into force in 2014, complementing ILO Convention No. 29 and re-enforcing existing international law. The Protocol creates new obligations to prevent forced labour, to protect victims and to provide access to remedy, such as compensation for material and physical harm. It is also supported by a recommendation that provides technical guidance on its implementation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 33
- Paragraph text
- ILO Convention No. 189 (2011) concerning decent work for domestic workers, which entered into force in 2013, and its Recommendation No. 201 extend basic labour rights to domestic workers, including those in private households, who are without clear terms of employment, unregistered and excluded from the scope of labour legislation. It stresses States' duty of diligence in effectively eliminating child labour and sets a minimum age for domestic workers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 34
- Paragraph text
- The regional specificities of trafficking in persons necessitate regional and subregional anti-trafficking instruments and mechanisms that are at the interface of international action and local realities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 35
- Paragraph text
- The Council of Europe Convention on Action against Trafficking in Human Beings, which entered into force in February 2008, applies to all forms of trafficking, whether national or transnational, all victims of trafficking and all forms of exploitation. The Convention is open to ratification by States which are not members of the Council of Europe. The countries which have signed up to the Convention are monitored by the Group of Experts on Action against Trafficking in Human Beings. The Council of Europe also supports governments in the implementation of the Convention and the recommendations emerging from its monitoring process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 36
- Paragraph text
- The Organization for Security and Cooperation in Europe (OSCE) has been addressing trafficking in persons as a major concern since 2000, when the first Ministerial Council decision on enhancing OSCE efforts to combat trafficking in human beings was taken. In 2003, the OSCE Action Plan to Combat Trafficking in Human Beings was adopted and in 2006 the Special Representative and Coordinator for Combating Trafficking in Human Beings was appointed. In 2007, a Platform for Action against Human Trafficking was adopted, and in 2013, the Addendum to the OSCE Action Plan to Combat Trafficking in Human Beings: One Decade Later was endorsed.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 37
- Paragraph text
- In Central Asia, in 2005 the Commonwealth of Independent States (CIS) adopted the Agreement on the Cooperation of the CIS Member States in Combating Trafficking in Persons, Human Organs and Tissues, followed by the adoption in 2006 of the Decision on the Programme of Cooperation of the CIS Member States in Combating Trafficking in Persons for the period 2007-2010. Finally, a CIS draft Programme of Action for 2007-2010 was adopted, to support the implementation of the 2005 Agreement and facilitate efficient cooperation at the regional level for the prevention and suppression of trafficking in persons and the rehabilitation of victims.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 38
- Paragraph text
- Within the framework of the League of Arab States, the Arab Initiative to Build National Capacities to Combat Human Trafficking in the Arab Countries was launched in March 2010 by the Council of Arab Ministers of Justice. The Initiative is aimed at combating trafficking in persons through developing the criminal justice system in Arab States, for example by the capacity-building of law-enforcement bodies, prosecutors, members of the judiciary and the media.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 39
- Paragraph text
- Other regional instruments for addressing trafficking in persons are the Arab Framework Act on Combating Trafficking in Persons (2008), which serves as a platform from which to spearhead action against trafficking in persons, and the Arab Charter of Human Rights (2008), which, inter alia, prohibits trafficking in human organs; and slavery and servitude, forced labour and trafficking in persons for the purposes of prostitution or sexual exploitation or the exploitation of the prostitution of others or any other form of exploitation or the exploitation of children in armed conflict; and has extensive provisions on the right to decent work freely chosen and on the right to development.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 40
- Paragraph text
- The Gulf Cooperation Council has also taken initiatives to curb trafficking in persons in the subregion, including through capacity-building workshops and the development of guiding principles to combat trafficking in persons in the region.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 41
- Paragraph text
- In this region, the 1994 Inter-American Convention on International Traffic in Minors and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) contributed to the anti-trafficking legal framework. Other instruments, such as the 2005 Montevideo Declaration against Trafficking in Persons in MERCOSUR (Common Market of the South) and Associated States, the 2008 Recommendations of the First International Congress of MERCOSUR and Associated States on Trafficking in Persons and Child Pornography, the Work Plan against Trafficking in Persons in the Western Hemisphere (2010-2012, later extended for two years, and 2015-2018), the Inter-American Declaration against Trafficking in Persons ("Declaration of Brasilia", 2014) and the Brazil Declaration on a Framework for Cooperation and Regional Solidarity to Strengthen the International Protection of Refugees, Displaced and Stateless Persons in Latin America and the Caribbean (Cartagena+30, 2014), further consolidated regional efforts to eradicate human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 42
- Paragraph text
- The commitment to promote effective measures to combat trafficking in persons was reaffirmed by the member States of a number of regional and subregional organizations, in particular MERCOSUR, the Andean Community, the Union of South American Nations, the Central American Integration System and the Organization of American States (OAS). OAS is strongly engaged in combating trafficking in persons on the American continent. At the political level, the OAS General Assembly has adopted resolutions that express the commitment of member States in that regard. At the level of the secretariat, the OAS Anti-Trafficking in Persons Unit provides specialized training and assistance to member countries to implement the Palermo Protocol and the recommendations stemming from the OAS meetings of national authorities on trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 43
- Paragraph text
- A number of initiatives have been launched to combat trafficking in persons in the Asia-Pacific region, including the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, adopted by the States members of the South Asian Association for Regional Cooperation in 2002. In addition, the Association of Southeast Asian Nations (ASEAN) launched its first programme, the Asia Regional Cooperation to Prevent People Trafficking Project (2003-2006), which was implemented by the Government of Australia. The Project focused on criminal justice responses to trafficking in partner countries. Following its success, the Project was extended in 2011 as the Asia Regional Trafficking in Persons Project. ASEAN also adopted the ASEAN Declaration Against Trafficking in Persons Particularly Women and Children (2004), followed by the adoption of a work plan to implement the Declaration. An ASEAN convention on trafficking in persons and a regional plan of action are expected to be finalized and adopted in 2015.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 44
- Paragraph text
- In the Greater Mekong subregion, the Coordinated Mekong Ministerial Initiative against Human Trafficking, comprising six States (Cambodia, China, the Lao People's Democratic Republic, Myanmar, Thailand and Viet Nam), has been addressing trafficking issues since 2004 through subregional plans of action, task forces at various levels and other mechanisms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 45
- Paragraph text
- The Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, a consultative mechanism launched in 2002 by ministers of over 50 countries in the Asia-Pacific region and beyond, also works on practical anti-trafficking and anti-smuggling measures in the region.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 46
- Paragraph text
- The African Charter on Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa provide the legal framework for combating trafficking in persons. Additionally, the Migration Policy Framework for Africa (2006) provides the overarching policy of the African Union on migration issues, including human trafficking. The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children (2006) provides specific recommendations to be implemented by regional economic communities and member States on prevention of trafficking, protection of victims of trafficking and prosecution of those involved in the crime of trafficking. Furthermore, the African Union Horn of Africa Initiative on Human Trafficking and Smuggling (Khartoum Declaration, 2014) focuses on, inter alia, areas such as addressing the social, economic, environmental, cultural, security and political factors that make people vulnerable to human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 47
- Paragraph text
- Subregional initiatives include the Economic Community of West African States (ECOWAS) Declaration on the Fight against Trafficking in Persons (2001) and the ECOWAS Initial Plan of Action against Trafficking in Persons (2002-2003). Subsequent plans of action against trafficking in persons have also been adopted. Moreover, the ECOWAS and Economic Community of Central African States biregional Plan of Action to Combat Trafficking in Persons, especially Women and Children (2006-2009), the related resolution and a multilateral cooperation agreement have further strengthened subregional initiatives to curb trafficking. The biregional Plan of Action reaffirmed the ECOWAS Initial Plan of Action and extended efforts to combat trafficking into the Central African region. In addition, the Southern African Development Community Plan of Action to combat trafficking in persons, the revised African Union Plan of Action on Drug Control and Crime Prevention (2007-2012 and 2013-2017) can be cited as examples of subregional initiatives. Joint cooperation between intergovernmental organizations, such as between the United Nations and the African Union, in the Asian-African Legal Consultative Organization or within the Commonwealth can be cited as joint actions to address human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 48
- Paragraph text
- Building upon the work of her predecessors, and in accordance with Human Rights Council resolution 26/8, the Special Rapporteur aims to (a) promote the prevention of trafficking in persons in all its forms and the adoption of effective measures to uphold and protect the human rights of victims of trafficking in persons; (b) promote the effective application of relevant international norms and standards and contribute to their further improvement; (c) identify, share and promote good practices in order to uphold and protect the human rights of victims of trafficking in persons and to identify protection gaps, including with regard to the identification of victims of trafficking in persons; and (d) examine the impact of national, regional and international anti-trafficking measures on the human rights of victims of trafficking in persons with a view to proposing adequate responses to challenges.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 49
- Paragraph text
- To that end, the Special Rapporteur will advocate a human rights-based and victim-centred approach to promote and protect the human rights of victims of trafficking, especially women and children, guided by international human rights law and standards, including the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 50
- Paragraph text
- The Special Rapporteur will adopt a gendered perspective on trafficking which acknowledges that both women and men can be involved in trafficking and provides a better understanding of how to address the similarities and differences in the trafficking experience of women and men. In her work, she plans to pay particular attention to understanding the characteristics of trafficking crimes from a gender perspective to ensure the adoption of targeted measures. A gender perspective is necessary to understand why women constitute the majority of victims of trafficking in certain sectors, and why men are less likely to be identified as victims of trafficking and less likely to be reached by existing support measures for trafficked persons. In addition, the compounded effects of various types of exploitation which affect women disproportionately should be examined. For instance, in the agriculture sector, women trafficked for labour exploitation who work in the fields during the day are often sexually exploited at night by fellow workers and/or brokers and intermediaries.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 51
- Paragraph text
- Finally, the Special Rapporteur will be guided by the best interests of the child in all actions concerning trafficked girls and boys, whether undertaken by public or private institutions, courts of law, administrative authorities or legislative bodies. She expects to look into existing identification, protection and assistance gaps in relation to children who have been trafficked for various purposes, with the aim of providing insights on issues such as the procedures for determining the best interests of the children, access to justice, provision of unconditional assistance and effective remedies including compensation for such children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 52
- Paragraph text
- In continuation of the broad interpretation of trafficking in persons adopted by the mandate, the Special Rapporteur will embrace and further develop a comprehensive understanding of trafficking for any illicit purpose. This includes - but is not limited to - trafficking in adults and children for sexual purposes, for labour exploitation, for exploitative adoption and for participation in armed conflicts; trafficking in women, men and children for forced labour and other forms of exploitation, such as exploitation in criminal or illicit activities, or forced and organized begging; trafficking in women and girls for forced and servile marriages, sexual exploitation and forced labour, including domestic servitude; and trafficking in persons for the removal of organs (A/HRC/26/37, para. 36).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 53
- Paragraph text
- The Special Rapporteur wishes to underline that trafficking should be seen and tackled not only as a crime, but as an economic and social phenomenon, linked with global economic trends. She believes that an inclusive and holistic approach to the prevention of trafficking in persons requires addressing the systemic/underlying social factors that create vulnerabilities in victims and potential victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 54
- Paragraph text
- With a view to preventing all forms of trafficking, the Special Rapporteur also intends to develop, through research, thematic studies and other means, an understanding of new and emerging trends in trafficking, such as the consequences and impacts that conflicts and humanitarian crises may have on trafficking, on which there is a dearth of information.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 55
- Paragraph text
- In addition, she wishes to explore further the link between mixed migration flows and trafficking, in order to recommend effective measures, aimed at preventing exploitation or further exploitation of socially vulnerable people fleeing death, torture or other forms of violence such as domestic violence, or unemployment, destitution and extreme poverty. That includes exploring ways to increase opportunities for regular migration and family reunification, and for non-exploitative employment, with the aim of preventing trafficking by ensuring full respect of migrants' rights, in line with the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 56
- Paragraph text
- Furthermore, the Special Rapporteur expects to focus on the prevention of labour exploitation, including of vulnerable or marginalized groups such as migrants, children, national, ethnic or racial minorities, asylum seekers and refugees, by engaging with businesses, trade unions and other relevant parties, and by further exploring ways to better regulate and monitor the activities of recruitment and employment agencies, with a view to preventing abusive practices leading to debt bondage, trafficking and exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 57
- Paragraph text
- While the Special Rapporteur intends to accord priority to those thematic areas, she will also continue to follow up on thematic concerns addressed by her predecessors, such as the issue of trafficking for the purpose of sexual exploitation, including of children, especially as a consequence of conflicts, and in connection with labour exploitation, including domestic servitude.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 58
- Paragraph text
- The Special Rapporteur believes that the human rights of victims of trafficking should be placed at the centre of protection measures taken to address trafficking. That includes the protection of victims from further exploitation and harm, and their access to adequate assistance, support and remedies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 59
- Paragraph text
- Comprehensive assistance and support to victims and potential victims of trafficking are crucial for an effective fight against trafficking in persons on the one hand, and are instrumental to accessing justice and effective remedies on the other hand. Not all trafficked and exploited persons will be able or willing to report their exploiters or participate in legal proceedings against them. All victims should, however, be enabled to do so if they wish.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 60
- Paragraph text
- Currently, assistance and support to exploited and trafficked persons are most commonly dependent on three main factors: a person's immigration/residence status; the initiation of criminal proceedings for the crime of trafficking; and cooperation with criminal justice actors. As a result, assistance, support and ultimately access to remedies remain out of reach for a large number of trafficked and exploited persons who are afraid of being deported or detained, and/or who distrust the authorities and are afraid of losing the possibility of pursuing their migration project. In addition, there are indications and concerns that the current set-up of most assistance and support mechanisms might result in discrimination against victims who are not willing or able to cooperate with law enforcement. Assistance and support to child victims of trafficking and other exploited and vulnerable children also require that they be provided with appropriate assistance and protection, taking full account of their human rights and special needs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 61
- Paragraph text
- In particular, protection and assistance should not be made conditional upon the capacity or willingness of victims to cooperate with law enforcement agencies, regardless of whether legal proceedings are initiated or charges pressed against their traffickers and exploiters, or whether the crime has been legally qualified as trafficking or as another or less serious crime. In this regard, the Special Rapporteur expects to further explore the need for unconditional access to a range of support services for victims of trafficking, including children, who are frequently left without assistance or the necessary support to access remedies, including compensation - a situation that exacerbates the risk of further human rights violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 62
- Paragraph text
- Building on the existing work of the mandate, in particular the basic principles on the right to an effective remedy for trafficked persons (A/HRC/26/18, annex) and A/69/33797), the Special Rapporteur intends to analyse laws, policies and practices around the world and take stock of promising practices and lessons learned on the provision of unconditional assistance to victims and potential victims of trafficking. She expects to provide guidance to policy makers and practitioners on better implementing the right to assistance and support, and maximize outreach and impact, thereby contributing to more effective prevention and prosecution.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 63
- Paragraph text
- Additionally, the Special Rapporteur envisages building upon the work of the mandate in the area of protection of the rights of victims of trafficking and access to justice. In that regard, she intends to further follow up on the basic principles on the right to an effective remedy for trafficked persons, which provide for remedies for victims of trafficking, including restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition, and call on States to ensure that access to those measures shall not depend on the victim's capacity or willingness to cooperate in legal proceedings. When looking into remaining gaps in the conceptualization of the right to an effective remedy and the operationalization of the basic principles at the national level, the Special Rapporteur expects to further delve into issues such as the possible types of trafficking exploitation covered by the principles, what the barriers to access to remedy are, whether the nature of the State responsibility affects the content of the reparation, the available forms of reparation, the accessibility of compensation funds to victims and the conditions for the protection of victims' rights in out of court settlements .
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 64
- Paragraph text
- Moreover, international law mandates States to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking and to provide access to remedy. As trafficking in persons is most often perpetrated by non-State actors, compliance with the due diligence principle is critical to ensure State accountability for the protection of the rights of victims and potential victims. However, the standard of due diligence as it relates to trafficking in persons has not been comprehensively articulated, either by the mandate of the Special Rapporteur or elsewhere. Therefore, the Special Rapporteur is of the view that additional guidance would be necessary to better equip States for the actions required to comply with their due diligence obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 65
- Paragraph text
- Trafficking in persons requires a concerted effort by all stakeholders if it is to be effectively addressed. In view of this, the Special Rapporteur will endeavour to continue partnering and cooperating with States, both those that are parties to the Palermo Protocol and those that are yet to ratify it. She is also committed to continue engaging with non-State actors on the role they can or should play in preventing and responding to trafficking. In particular, she will consider civil society organizations as strategic partners - not only service providers - to be included in the process of designing and implementing targeted anti-trafficking measures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 66
- Paragraph text
- Trafficking feeds into a global market that seeks out cheap, unregulated and exploitable labour and the goods and services that such labour can produce. With regard to the private sector, the key role that business actors can play in removing trafficking in persons from the supply chains is widely acknowledged.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 67
- Paragraph text
- The mandate has devoted attention to the extent to which trafficking in persons has emerged as a key challenge and risk in a wide range of industries and sectors integrated into global markets, despite corporate social responsibility programmes. This includes a thematic report to the General Assembly (A/67/261) on the issue of trafficking in global supply chains which examined the different ways human trafficking manifests itself in the global economy, the response of global businesses, existing and emerging strategies to combat abuse, and the immediate and long-term steps necessary for business leaders to take effective and sustainable action. That work was followed in 2012 by an expert meeting with representatives of business enterprises, trade unions, non-governmental organizations, academia and international organizations that focused on understanding the relationship between human trafficking and global supply chains, and the risks run by workers and business. In addition a panel on preventing trafficking in global supply chains was convened by the previous mandate holder on the fringe of the annual Forum on Business and Human Rights in 2013. The mandate has also developed a draft checklist of indicators and benchmarks that enterprises could use to assess the risks of human trafficking and forced labour in their supply chains. They are intended to build on and complement the Guiding Principles on Business and Human Rights, as well as existing important initiatives developed by enterprises themselves and civil society organizations (see A/HRC/23/48/Add.4).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 68
- Paragraph text
- The Special Rapporteur will continue to build on the work of the mandate in that field and capitalize on the momentum created by new legislation and initiatives from businesses and civil society to free the supply chains from trafficking, forced labour and slavery. On the basis of her global mandate, international standing and expertise on issues relating to trafficking in persons, the Special Rapporteur intends to continue engaging with businesses in order to encourage the establishment and effective implementation of self-regulatory action (codes of conduct and other similar mechanisms) by the private sector, with the aim of increasing awareness of the risks that trafficking entails, and encouraging them to take action to eradicate trafficking from their supply chains. That would entail the mandate holder bringing together businesses in a number of selected sectors to exchange experiences and practices among themselves, review their assessment protocols through the lens of trafficking prevention, pilot the use of the benchmarks and indicators and encourage multi-stakeholder initiatives, where they exist, to operationalize the responsibility of businesses to respect human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 69
- Paragraph text
- In undertaking her activities, the Special Rapporteur will endeavour to adopt a participatory approach, in the form of consultations and constructive dialogue with all stakeholders, including victims of trafficking, civil society and the private sector.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 70
- Paragraph text
- The Special Rapporteur will continue to undertake country visits to help ground the mandate's understanding of the problem of trafficking in national realities and to forge relationships with those on the front line, while also providing States and their partners with an opportunity to access information, expertise and insight. The factors to be taken into account in selecting country visits are varied and in doing so the Special Rapporteur will follow the usual criteria of special procedures mechanisms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 71
- Paragraph text
- During those visits, she will focus on the nature of the trafficking problem, the key human rights issues and the effectiveness of institutional, legal, judicial, administrative and other mechanisms to protect those rights. She will ensure that her country visits are widely consultative, involving government officials; victim support agencies and, where appropriate, victims; members of the judiciary and parliamentarians; members of United Nations country offices; and international and non-governmental organizations in the country concerned.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 72
- Paragraph text
- In the ensuing reports on her visits, she will highlight the major issues of concern to the mandate; forms and manifestations of trafficking; the legislative and institutional framework; identification of trafficked persons; protection of trafficked persons; prosecution of perpetrators; cooperation with civil society; and international and regional cooperation. She will also provide concrete recommendations to governments and relevant stakeholders on how to tackle the issue of trafficking. As part of her commitment to continuing the work of her predecessors, the Special Rapporteur will also try to follow up on recommendations made in previous reports on countries visited.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 73
- Paragraph text
- The Special Rapporteur will endeavour to develop thematic expertise through studies, reports and other tools, in order to make substantial contributions to poorly understood or new areas of concern. The thematic areas will be carefully chosen on the basis of their relative importance and urgency, as well as the capacity of the Special Rapporteur to make a contribution to shaping international standards and promoting awareness in the chosen area. In this regard, some of the themes the Special Rapporteur has already identified as priorities are to be found in section III of the present report.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 74
- Paragraph text
- The Special Rapporteur will actively seek to promote normative clarity around trafficking and to help flesh out the substantive content of key rules and obligations where that is required. That work is expected to result in clear anti-trafficking tools and recommendations, checklists, indicators and benchmarks that are based on existing international standards as recognized in the major human rights treaties as well as the specialist trafficking instruments. To that end, the Special Rapporteur intends to convene consultations and expert group meetings and regular exchanges with a variety of stakeholders.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 75
- Paragraph text
- Trafficking in persons is a critical issue for every country, affecting many different groups and cutting across multiple sectors. The range of current and potential stakeholders is accordingly very wide. The Special Rapporteur believes that trafficking will be fought successfully if all stakeholders work in partnership, across borders and across all parts of society. In that regard, she will work together with governments, national rapporteurs and equivalent mechanisms dealing with trafficking in persons, national human rights institutions, intergovernmental organizations and specialized agencies, to promote cooperation and concerted action at the international, regional and national levels. She will also enhance cooperation with existing regional, subregional and national anti-trafficking mechanisms, including national coordinating bodies, national rapporteurs or equivalent mechanisms and national human rights institutions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 76
- Paragraph text
- In carrying out her mandate, the Special Rapporteur will consult civil society and non-governmental organizations working to combat trafficking, as well as persons and institutions with particular expertise (such as academia and certain professional categories). The Special Rapporteur will continue to consult and partner with a wide range of national and local organizations, especially during her country visits.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 77
- Paragraph text
- The Special Rapporteur will also reach out to the private sector, engaging with businesses and employers in particular, to look out for possibilities for public-private partnerships that will address the demand for cheap labour in the private sector, unethical recruitment practices and other practices relating to the elimination of trafficking in supply chains.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 78
- Paragraph text
- The mandate of the Special Rapporteur focuses on the rights and needs of victims of trafficking and the Special Rapporteur will continue to consult victims and involve them in the work of the mandate. The Special Rapporteur is convinced that the involvement of victims is critical to ensuring that the measures taken to address trafficking benefit those in need; that unintended harmful consequences are anticipated and avoided; and that opportunities for change and improvement are identified in a timely way.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 79
- Paragraph text
- The Special Rapporteur is explicitly mandated to respond effectively to reliable allegations of human rights violations with a view to protecting the rights of actual or potential victims of trafficking. In accordance with established procedure, the Special Rapporteur will communicate cases to States, requesting clarification and action.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 80
- Paragraph text
- The Special Rapporteur intends to work in collaboration with other special procedures mechanisms which examine issues relating to trafficking, including but not limited to: the Special Rapporteur on the human rights of migrants; the Special Rapporteur on contemporary forms of slavery, including its causes and consequences; the Special Rapporteur on the sale of children, child prostitution and child pornography; and the Working Group on the issue of human rights and transnational corporations and other business enterprises. The Special Rapporteur will continue to strengthen the work of the trafficking mandate while delineating its intersections with related mandates. In this regard, she will try to identify possible joint initiatives that can complement each other's work, such as joint communications on allegations of human rights violations and the issuance of joint press statements.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 81
- Paragraph text
- In the course of her work the Special Rapporteur intends to strengthen the mandate's engagement with relevant treaty bodies in order to create synergy to ensure States' accountability with regard to the issue of trafficking in persons. She will benefit from their expertise and their concluding observations, general comments/recommendations and case law on issues relating to trafficking, to which she also expects to contribute when relevant. She also believes that the universal periodic review contributes to strengthening efforts aimed at combating trafficking in persons as part of a holistic review of a country's human rights situation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 82
- Paragraph text
- The mandate holder also values cooperation with United Nations agencies, international organizations and existing coordination mechanisms around the world and intends to build on those partnerships to consolidate a collaborative approach to the fight against trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 83
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 26/8, and to constructive and fruitful cooperation with diverse stakeholders in all regions of the world. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages them to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on combating trafficking in persons, especially women and children.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Beyond law enforcement, towards social justice: proposals on the way forward for an effective implementation of a human rights based-approach to trafficking in persons
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/45
Document
Due diligence and trafficking in persons
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/70/260
Document
Due diligence and trafficking in persons 2015, para. 11
- Paragraph text
- Under international human rights law, States have an obligation to protect against human rights abuse by private actors. This is understood as a positive obligation requiring States to take a range of measures to ensure that third parties do not interfere with human rights guarantees. The content of the human rights due diligence principle has been affirmed and articulated by regional and international human rights bodies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 12
- Paragraph text
- In addition to these general statements concerning due diligence, due diligence obligations on trafficking in persons specifically have also been identified. For example, in addition to the prior reports of this mandate holder and of other special procedures, Principle 2 of the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking also provides that "States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons." In the European human rights system, the standard of "positive obligations" has been specifically applied to measure when a State can be held responsible for private acts of human trafficking in the case of Rantsev v. Cyprus and Russia (2010).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 13
- Paragraph text
- Additionally, due diligence obligations have been identified in a number of areas that are of direct relevance - and in some cases directly apply - to trafficking, including violence against women, migrant workers, and sex-based discrimination. In addition to due diligence requirements in international human rights law, due diligence standards in areas such as "environmental protection, consumer protection and anti-corruption," are also relevant to addressing trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 14
- Paragraph text
- Alongside human rights due diligence standards on trafficking involving private actors, other areas of international law also contain obligations that specifically address trafficking by non-State actors. In particular, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (United Nations Trafficking Protocol) as a Protocol to the United Nations Convention against Transnational Organized Crime requires States to undertake to prevent trafficking, protect victims, and prosecute trafficking in persons by private individuals, including by providing the possibility for victims to access compensation. In considering whether a State has acted diligently, it will be relevant to consider whether it is bound by any of these other international obligations on trafficking by non-State actors, such as through the United Nations Trafficking Protocol or regional instruments. A better understanding of the content of the human rights obligations of due diligence on trafficking can also help ensure that States comply with human rights in implementing these other anti-trafficking obligations and to develop complementary protections for trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 15
- Paragraph text
- The due diligence obligation to protect individuals from traffickers also often intersects and overlaps with other areas of State obligations (e.g., in relation to activities of public institutions). For example, State failures to respect and fulfil human rights in non-discrimination, labour, migration, and education create the conditions conducive to trafficking by third parties. By requiring a human rights-based approach, due diligence enables States to apply all their international obligations in ways that encourage less compartmentalization and more holistic approaches to trafficking to ensure the realization of human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 16
- Paragraph text
- The territorial and extraterritorial application of human rights means that States' due diligence obligations apply extraterritorially to those within their jurisdiction, including domestic non-State actors (e.g., corporations). These obligations apply when States exercise "effective control" either when acting individually (e.g., in unilateral military action) or as members of international or intergovernmental organizations and coalitions (e.g., in peacekeeping forces). Due diligence human rights obligations also apply in peacetime, conflict, and post-conflict situations. In practice, however, States, inter-State, and non-governmental actors often overlook trafficking in crisis situations (e.g., armed conflicts, natural disasters and protracted crises), creating significant protection gaps that leave "forms of trafficking unaddressed and victims unassisted.'' While State actors have due diligence obligations in crisis contexts, under certain circumstances, non-State actors (e.g., armed groups) will themselves be required to address international human rights, including the obligations of due diligence. For example, while non-State actors such as armed groups cannot ratify international human rights treaties, "under certain circumstances, in particular where an armed group with an identifiable political structure exercises significant control over territory and population, non-State actors are obliged to respect international human rights."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 17
- Paragraph text
- Due diligence is too often limited in practice because it is seen as requiring resources and State capacity to control private actors. This can give rise to questions about the role of due diligence in contexts where capacities of States are diminished (e.g., in conflict or crisis) or where States' capacities to protect human rights from acts of third parties have not kept pace with the rise of powerful private actors, such as corporations and other non-State actors such as armed groups. Because due diligence is an obligation of conduct, it does not insist on a one-size-fits-all approach that requires uniform outcomes from differently situated States. As an obligation of conduct, however, due diligence does require "States to take reasonable measures that have a real prospect of altering the outcome or mitigating the harm." States are also required to undertake substantive review and assessment policies to test results and effectiveness, including whether they are taking appropriate measures to ensure the human rights of trafficked persons. This requirement of due diligence assessment is particularly important when potential infringements come from failures of the State to act with regard to non-State actors as omissions can be particularly difficult to measure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 18
- Paragraph text
- The requirement that due diligence be exercised in good faith - meaning the taking of "positive steps and measures by States" - also means that a lack of resources or capacity cannot completely shield States from their due diligence obligations. Indeed, often, it is not more resources but rather their reallocation - including towards preventative policies - that is needed for States to act diligently as assessed under the particular circumstances. For many States' anti-trafficking policies, the "form in which due diligence has thus far been pursued is not without alternatives;" due diligence requires pursuing these alternatives to maximize efforts to ensure the human rights of trafficked persons in all aspects of anti-trafficking responses. While in practice some of these efforts to ensure the human rights of trafficked persons may be implemented by non-State actors (e.g., through civil society-run assistance programmes), States cannot delegate their due diligence obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 19
- Paragraph text
- In practice, due diligence has been applied mainly as a reactive obligation, often leading States to focus on post-hoc anti-trafficking measures, such as investigation and prosecution of trafficking. Instead, properly constituted, the due diligence standard enables States to take a proactive and long-term approach that focuses, for example, more closely on the prevention arm of due diligence. It also requires States to take a holistic approach that evaluates how due diligence in each of the different areas of anti-trafficking - such as prevention, prosecution, and punishment - interact with each other. For example, providing adequate protection and assistance to victims of trafficking in persons after they have been identified is also often necessary to prevent instances of retrafficking. Due diligence should be taken into account before, during and after each anti-trafficking intervention by not only considering each individual measure on its own terms, but also how it intersects with other anti-trafficking efforts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 20
- Paragraph text
- Due diligence on preventing trafficking also requires action to address the wider, more systemic processes or root causes that contribute to trafficking in persons, such as inequality, restrictive immigration policies, and unfair labour conditions, particularly for migrant workers. As such, the present mandate holder has previously emphasized that international law "requires that States act with due diligence to prevent trafficking and the human rights violations with which it is associated," including to address demand, such that due diligence "on the part of States should require action on these wider processes, all of which foster demand for, and vulnerability to, trafficking." Additionally, Rantsev v. Cyprus and Russia, has clarified that as part of the positive obligation to address trafficking "a State's immigration rules must address relevant concerns relating to encouragement, facilitation or tolerance of trafficking." Often, however, States adopt immigration policies in the name of preventing trafficking that in practice deter movement; instead of being preventative, these policies make transborder movement more perilous and foster situations that lead to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 21
- Paragraph text
- To counter these and other effects, due diligence requires that in developing, implementing and assessing prevention approaches, initiatives be based on "accurate empirical data" and targeted to those most at risk of trafficking in persons. For example, mass migration crises result in the concentration of a large number of displaced vulnerable populations in few places, making them a prime target for traffickers. Prevention policies should mitigate these risks, including through providing comprehensive and innovative regulated mobility avenues in order to prevent recourse of migrants to smugglers in the first place. Additionally, in crisis situations such as armed conflicts, natural disasters and protracted crises, it is vulnerable and mobile populations such as "irregular migrants, migrant workers, asylum seekers and displaced populations (refugees and internally displace) persons) caught up in a crisis, or in transit, people left behind and local communities" that are most at risk of trafficking in persons. Good State practices to address these risks before crisis can include, for example, ensuring livelihood activities to reduce the vulnerabilities to trafficking in persons and exploitation for at-risk populations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 22
- Paragraph text
- Good practices in prevention should also address all types of trafficking. For example, good practices to combat trafficking in persons for the purpose of domestic servitude in diplomatic households include that undertaken in Austria, where authorities request that foreigners who seek to work for a diplomatic household have a written contract that complies with Austrian labour law. Workers must also apply in person for a diplomatic legitimation card, giving Austrian authorities, "an opportunity to interview the applicants, examine their work contracts, and inform them of their rights and obligations while in Austria and of the contact details of NGOs which could be of assistance." Good practices to prevent labour trafficking include States regulating the supply of workers to sectors by controlling the licensing of employment agencies working in these fields. For example, in the United Kingdom, the Gangmasters Licensing Authority regulates the supply of workers in certain labour-intensive industries (e.g., agriculture, horticulture, forestry, fishing, food processing).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 23
- Paragraph text
- In understanding the due diligence obligation to prevent trafficking in persons, there are also useful interactions with human rights due diligence standards in other contexts. For example, the Inter-American Court of Human Rights in the Juridical Condition and Rights of the Undocumented Migrants, Advisory Opinion (2003) clarifies States' due diligence obligations concerning migrant workers, noting that migratory status can never be a justification for depriving individuals of the enjoyment and exercise of human rights, including those related to employment and that the duty of due diligence requires States to "not allow private employers to violate the rights of workers, or the contractual relationship to violate minimum international standards." There are also protections in other areas of international law that can complement these human rights obligations of due diligence. For example, article 2 of the Protocol of 2014 to the Forced Labour Convention, 1930 (No. 29) obligates State parties to prevent forced labour, including through "supporting due diligence by both the public and private sectors to prevent and respond to risks of forced or compulsory labour."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 24
- Paragraph text
- The present mandate holder has previously emphasized that States have a due diligence obligation to identify trafficked persons, which is foundational for ensuring many other aspects of a State's due diligence obligations with regard to trafficking in persons, such as investigation and prosecution of traffickers, and assistance and protection for trafficked persons. In practice, however, victim identification continues to be a huge hurdle in ensuring the rights of trafficked persons. The identification of victims is very often post hoc and too closely tied to the need to identify victims for criminal or immigration processes, rather than being pre-emptive in circumventing situations of exploitation that may increase susceptibility to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 25
- Paragraph text
- Instead, a meaningful due diligence approach broadens the scope of identification to address a wider class of potential or presumed victims, as part of a comprehensive approach to prevention rather than a solely reactive or post-hoc due diligence measure. A wider and more pre-emptive approach necessarily involves a broader range of actors beyond law enforcement or border officials in identification. Good practices in this regard include involving actors such as labour and health and safety officials in identification of trafficking victims. Another good practice is for States to assign labour attachés to the staff of diplomatic missions, particularly in those countries that receive the largest number of a State's migrant workers. In order to facilitate victims' trust and identification - and subsequent protection and assistance - firewalls between certain areas (e.g., between enforcement of immigration laws and enforcement of labour laws) will often be necessary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 26
- Paragraph text
- Additional good practices in this regard that have been previously identified by the present mandate holder include the use of mobile units in Italy "that ensure the presence of social services among populations at risk of exploitation, especially sex workers" and in the Bahamas, the opening of "channels of communication" between the Inter-Ministry Committee (the coordinating body for policy matters on trafficking in persons) and the Trafficking in Persons Task Force (the operational body for addressing trafficking in persons) "with the diplomatic and consular corps in the Bahamas, which have been encouraged to report any suspicion of trafficking cases."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 27
- Paragraph text
- Victim identification under the rubric of prevention - as well as in the context of investigation, prosecution, protection and assistance - also requires greater training and understanding of the "continuum of exploitation" that exists between decent work and forced labour, such that workers experience different forms of exploitation that require different types of interventions when workers find themselves in any situation other than decent work. In addition, training should address the relationship between different forms of transborder movement. For example, trafficking and smuggling are often treated distinctly when in practice they are often very linked, such that what was once an act of smuggling can be turned into an act of trafficking if the circumstances become more exploitative and involuntary.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 28
- Paragraph text
- As with all components of the due diligence standard, for due diligence requirements to be satisfied, the formal framework of protection and assistance established by the State must also be effective in practice. While formalized structures are important, current anti-trafficking measures in many contexts have emphasized such generalized measures at the expense of tailored assistance and protection to individual victims. Instead, "individual due diligence" - measures to address individual victims - requires that States must act "flexibly", in ways that take into account the particular preference and needs of victims, including special account of the most vulnerable (e.g., children).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 29
- Paragraph text
- The exercise of due diligence requires that remedies for victims be available and effective. As well as being an obligation under article 5 of the United Nations Trafficking Protocol, the criminalization of trafficking is a core component of a State's due diligence obligations, including to protect victims, prevent future trafficking, and provide the necessary structures to investigate, prosecute and adjudicate trafficking cases. Accordingly, States also have due diligence obligations relating to the investigation and prosecution of suspected traffickers. However, in practice, while more than 90 per cent of States have legislation criminalizing trafficking in persons, "this legislation does not always comply with the [United Nations Trafficking] Protocol, or does not cover all forms of trafficking and their victims, leaving far too many children, women and men vulnerable. Even where legislation is enacted, implementation often falls short." Such problems in implementation constitute a failure of States' obligations to criminalize, investigate and punish trafficking in persons and deny victims access to justice. Particular gaps in criminalization also persist in the areas of trafficking for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 30
- Paragraph text
- Human rights due diligence also requires effective investigation and prosecution that aims to avoid impunity, is independent, prompt and "must also be capable of leading to the identification and punishment of individuals responsible." One example of effective due diligence practice in the investigation, prosecution and punishment of trafficking is enhanced cooperation between practitioners who are working to counter money laundering and trafficking in human beings, including by promoting the use of financial investigations linked with trafficking in persons-related offences. For example, in the United States, authorities, in cooperation with banks and technology vendors, have established transaction-monitoring systems to capture transaction patterns and behaviour typical of human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 31
- Paragraph text
- In addition to the obligation to conduct a domestic investigation into events occurring on their own territories, due diligence also means that States have a "duty in cross-border trafficking cases to cooperate effectively with the relevant authorities of other States concerned in the investigation of events which occurred outside their territories." In order to comply with the exterritorial implementation of due diligence obligations, States should also, for example, incorporate extraterritorial jurisdiction into national legislation criminalizing trafficking and strengthen protections against trafficking in contracting or procurement practices for activities abroad. For example, Belize's Trafficking in Persons (Prohibition) Act 2013 gives extraterritorial jurisdiction if trafficking is committed by a Belizean national or a person who is resident in Belize. The present mandate holder has also previously emphasized the need to "extend the national legislative prohibition on trafficking in persons for the removal of organs and related offences extraterritorially, irrespective of the legal status of the relevant acts in the country in which they occur."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 32
- Paragraph text
- Due diligence also requires that prosecutorial discretion - including on issues such as what charges to file and how to allocate prosecutorial resources - should be used in ways that comply with human rights due diligence obligations. This includes ensuring full respect for the principle of non-punishment, such that victims of trafficking in persons should not be detained, charged or prosecuted for activities that are a direct consequence of their situation as trafficking in persons, including for illegal entry into, exit out of or stay in States of origin, transit or destination, or their engagement in other illegal activities, such as unauthorized work. Instead, in practice, the principle of non-punishment is often incorrectly treated as a mitigating factor in punishment rather a full guarantee that victims will not be penalized for these activities as is required under a human rights-based approach to trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 33
- Paragraph text
- Human rights due diligence also requires that investigations and prosecution adopt gender-specific measures that take into account the different assistance and protection needs of women and men, girls and boys and overcome discriminatory barriers to accessing remedies, such as by preventing the introduction of discriminatory evidence in proceedings to determine the victim's right to redress and ensuring that complaint mechanisms and investigations into trafficking in persons incorporate specific positive measures that enable victims to come forward to seek and obtain redress. States should also address other barriers that victims of trafficking in persons often face, including diplomatic immunity when domestic workers are in diplomatic households. Some countries, such as Switzerland and Belgium, have established a specific mediation mechanism to resolve labour conflicts arising between domestic workers and persons enjoying diplomatic privileges and immunities. Trafficked persons, as well as their families and relevant witnesses, should be protected against unlawful interference with their privacy and safety before, during and after relevant proceedings.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 34
- Paragraph text
- Under international human rights law, States have an obligation to ensure a right to remedy for victims of human rights violations. As noted earlier, the failure of States to exercise due diligence in relation to trafficking by non-State actors gives rise to an obligation to provide remedies; in this respect, the due diligence principle is a "long-standing exception" to the general rule that State responsibility is based on acts or omissions committed either by State actors or by actors whose actions are attributable to the State. In substance, adequate remedy or reparations include restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The right to an effective remedy encompasses not only these substantive rights to remedies for the harm suffered, but also a set of procedural rights necessary to facilitate access to remedies. Such remedies should have "transformative potential", meaning they should not be about returning individuals to the pre-trafficking context, but should "subvert instead of reinforce pre-existing patterns" that cause violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 35
- Paragraph text
- The right to an effective remedy for victims of trafficking in persons should be interpreted and applied without discrimination, including to non-citizens. A victim-centred and human rights-based approach to remedies centres the human rights of trafficked persons in all efforts to prevent and combat trafficking and to protect, assist and provide redress to victims. This includes ensuring that anti-trafficking measures do not adversely impact the human rights of victims of trafficking in persons and non-conditionality of victims' access to remedies, meaning that remedies, including assistance and protection, must not be dependent on the victim's willingness to cooperate with authorities. For example, in Moldova the Government provides a minimum assistance package that includes physical, psychological and social recovery measures, where access to "assistance should not be dependent on the victim's willingness to participate in the prosecution of traffickers."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 36
- Paragraph text
- The rapid and accurate identification of victims of trafficking in persons - as well as being part of a State's prevention obligation - is also an essential prerequisite to realize the right to remedy. As such, the detention of victims of trafficking in persons, for example as smuggled or irregular migrants or undocumented migrant workers or as sex workers, constitutes a failure of this obligation to identify victims and denies them access to an effective remedy. While trafficked persons have a right to safely remain in the country pending the completion of relevant proceedings - including to participate in such proceedings - States should also ensure that a victim's immigration status or absence of the victim from the jurisdiction does not preclude enjoyment of the right to remedy.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 37
- Paragraph text
- Due diligence in human rights has tended to be quite State-centric. However, increasingly in human rights, due diligence also shapes or influences the activities of inter-State and non-State entities. The transnational nature of human trafficking means that in practice States often cannot meet their due diligence obligations to prevent, investigate and punish trafficking, and assist victims, without cooperating with other countries, whether through existing mechanisms (e.g., mutual legal assistance or extradition agreements or cooperative arrangements mandated by the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime) or through new forms of cooperation that are developed to address the demands of due diligence in a specific trafficking situation. The territorial and extraterritorial application of human rights - including the due diligence principle - means that in some cases States may have concurrent, and potentially overlapping obligations of due diligence for trafficking in persons. In such cases, States should utilize all means available to coordinate and cooperate in anti-trafficking efforts in ways that are also consistent with their other obligations of international cooperation (e.g., under the United Nations Trafficking Protocol and the Convention against Transnational Organized Crime).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 38
- Paragraph text
- In addition to improved inter-State cooperation, greater legal and policy coherence on human rights due diligence is also needed where States participate in intergovernmental institutions or entities, including international trade and financial institutions. While States retain their international human rights law obligations of due diligence when they participate in such institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations. The United Nations human rights due diligence policy on United Nations support to non-United Nations security forces that "sets out measures that all United Nations entities must take in order to ensure that any support that they may provide to non-United Nations forces is consistent with the purposes and principles as set out in the Charter of the United Nations and with its responsibility to respect, promote and encourage respect for international humanitarian, human rights and refugee law" is one example.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 39
- Paragraph text
- As with individual States' overreliance on post-hoc measures such as investigation and prosecution, measures such as ombudspersons and internal evaluation offices that examine policies and activities (e.g., of the United Nations, the International Monetary Fund and the World Bank) are "positive steps" but are "reactive and cause(s) further reliance on the responsibility arm of due diligence rather than the practice and long-term processes that are necessary." Instead, the humanitarian community, United Nations system, and donor community should, for example, undertake anti-trafficking responses before, during and after crisis moments in order to fully address the "relationship between pre-existing trafficking patterns and the heightened risks and vulnerabilities during crises."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 40
- Paragraph text
- Human rights due diligence on trafficking is also relevant in the activities of non-State actors, such as business enterprises, trade unions and employer organizations. As with all other non-State actors, States have an obligation to exercise due diligence to prevent, investigate and punish trafficking through their laws and policies toward business entities. This includes, for example, general rules requiring that businesses respect human rights and mandating that they undertake some form of human rights due diligence, as well as specific conditions on how States will conduct commercial transactions with business enterprises, including in their public procurement activities (e.g., by including a zero tolerance policy towards trafficking in contractual clauses and more generally revising public procurement procedures to prevent abusive and fraudulent recruitment). Other good practices include that in Brazil, where the Government "maintains public records of individuals and corporations identified by labour inspectors to be using or to have used slave labour", who then subsequently "face financial sanctions, including fines and denial of national subsidies, tax exemptions and loans from State banks." Disclosure requirements in domestic legislation that mandate companies to make their anti-trafficking policy, if they have one, transparent, is a recent form of State practice that could be strengthened by mandating that companies have such anti-trafficking policies in place and report on their implementation. Recruitment agency licensing to regulate recruitment practices and to require that workers are not charged recruitment fees can be a particularly effective form of State practice to reduce the vulnerability of migrants to trafficking. For example, "some countries in the Americas, including Peru, have explicitly prohibited recruitment agencies from engaging in trafficking and from charging workers any recruitment fees". Additionally, Indonesia and Nepal, "alongside a licensing process, there is a system by which workers can report abuses committed by recruitment agencies to the government."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 41
- Paragraph text
- It is also important to recall that in cases where a business enterprise is controlled by the State or where its acts can be otherwise attributed to the State, the relevant standard is not one of due diligence towards private actors but whether the abuse of human rights by the business enterprise entails a violation of the State's international law obligations to respect, protect and fulfil human rights.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 42
- Paragraph text
- The term due diligence is now often used in reference to the "human rights due diligence process" of corporations to respect human rights. This "human rights due diligence process" is understood within the business community as a voluntary commitment or "expected conduct" that is a core component of the responsibility of business enterprises to respect human rights that extends beyond the activities of the core company to include harmful activities of affiliates and of business relations, including those down the supply chain. Such a human rights due diligence process should "identify, prevent, mitigate and account for how they address their impacts on human rights", including by "assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses and communicating how impacts are addressed". The present mandate holder has accordingly previously developed a set of indicators and benchmarks as a "valuable tool for businesses to help them to exercise due diligence, in accordance with the United Nations Guiding Principles on Business and Human Rights, in their supply chains in order to detect and prevent trafficking cases" which will not be repeated in their entirety here. In "many cases," global companies do have in place "corporate-level policies, and supplier codes of conduct that include a clear prohibition of forced labour and human trafficking" and provide communication and training initiatives to suppliers on these policies that can include information on compliance benchmarks and reporting requirements. While such activities should be conducted in relation to all operations in the corporation's supply chain, corporations should particularly target those countries and business processes that constitute a particular risk for trafficking in persons (e.g., in crisis locations). Additionally, corporations should ensure that "traditional" strategies in corporate social responsibility are adapted to the realities of human trafficking. For example, corporations' use of "social audits" to assess working conditions at their own factories or facilities and those of their suppliers tend not to investigate how workers got their jobs (e.g., through a third party broker). In order to detect workers' susceptibility to trafficking before arriving at a workplace, corporations "must gain an understanding of both their product and labour supply chains, and develop systems to obtain information and transparency on recruitment agencies and practices".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 43
- Paragraph text
- Under international law, States are required to exercise due diligence to prevent trafficking, to investigate and prosecute traffickers, to assist and protect victims of trafficking in persons and to ensure remedies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 44
- Paragraph text
- States that have failed to exercise due diligence to address trafficking by non-State actors incur international responsibility that requires them to provide an effective remedy for victims of trafficking in persons. In substance, adequate remedy or reparations include restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. The right to an effective remedy encompasses not only these substantive rights to remedies for the harm suffered, but also a set of procedural rights necessary to facilitate access to remedies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 45
- Paragraph text
- Due diligence requires States to take a comprehensive, integrated and holistic approach to ensuring the human rights of trafficked persons and persons at risk of being trafficked. Meaningful and substantive human rights due diligence provides a necessary framework to ensure policy coherence between anti-trafficking policy and related policy areas such as immigration and labour market policies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 46
- Paragraph text
- Both the territorial State and any other States exercising jurisdiction are responsible for meeting due diligence obligations. States' extraterritorial due diligence obligations are particularly important in the context of cases of transnational trafficking. States' obligations of due diligence continue in crisis contexts and under certain circumstances, non-State actors (e.g., armed groups) may also have such obligations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 47
- Paragraph text
- While due diligence does not require uniform outcomes from differently situated States, as an obligation of conduct that must be exercised in good faith, it does require States to take reasonable measures that have a real prospect of altering outcomes or mitigating harms and to assess their effectiveness. Often it is not more resources but rather their reallocation - including towards preventative policies - that is needed for States to act diligently as assessed under the particular circumstances.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 48
- Paragraph text
- Due diligence to prevent trafficking requires action to address the wider, more systemic processes or root causes that contribute to trafficking in persons, such as inequality, restrictive immigration policies, and unfair labour conditions, particularly for migrant workers. Due diligence requires that in developing, implementing and assessing prevention approaches, initiatives be based on accurate data and targeted to those most at risk of trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 49
- Paragraph text
- Due diligence in identifying victims should be pre-emptive and addressed to a wide range of actual and potential victims rather than a post-hoc measure tied to criminal processes. Due diligence in assisting and protecting victims should be tailored to their individual preferences and needs and not conditional on their cooperation with authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 50
- Paragraph text
- Due diligence in the criminalization, investigation, prosecution and punishment of trafficking requires that laws criminalize all forms of trafficking, including for the purposes of organ removal and other forms of exploitation, including for committing crime, for begging, forced marriages and armed conflict. The extraterritorial application of due diligence obligations is furthered by measures such as incorporating extraterritorial jurisdiction into national legislation criminalizing trafficking and through inter-State cooperation in trafficking cases.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 51
- Paragraph text
- Due diligence in the criminalization, investigation, prosecution and punishment of trafficking also requires that investigatory and prosecutorial action must be independent, prompt and capable of leading to the identification and punishment of responsible individuals, including through the use of financial investigation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 52
- Paragraph text
- Due diligence requires respect for the principle of non-punishment of victims as well as the removal of barriers in access to justice, including any limitations regarding residence or other personal status. This includes the adoption of gender-specific measures that take into account the different assistance and protection needs of women and men, girls, and boys and overcome discriminatory barriers to accessing remedies.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Boys
- Girls
- Men
- Women
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 53
- Paragraph text
- In addition to the obligations of due diligence of individual States when they participate in inter-State institutions such as the international financial institutions, inter-State organizations should also embed due diligence in their governance activities, including in procurement practices and particularly in post-conflict situations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Due diligence and trafficking in persons 2015, para. 54
- Paragraph text
- Non-State actors, such as business enterprises, themselves have a role in the due diligence framework, including through a voluntary "human rights due diligence process" pursuant to the soft law "responsibility to respect" framework that applies for corporations or through international human rights obligations under certain circumstances.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Early identification, referral and protection of victims or potential victims of trafficking in persons in mixed migration movements
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/38/45
Document
Gender dimension of trafficking in persons in conflict and post-conflict settings as it relates to the women and peace and security agenda of the Security Council
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/171
Document
Implementation of the non-punishment principle
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/34
Document
Innovative and transformative models of social inclusion of survivors of trafficking in persons into societies
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/46
Document
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/HRC/23/48
Document
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 10
- Paragraph text
- In her first report to the Human Rights Council (A/HRC/10/16), the Special Rapporteur stressed the continued existence of huge demand and supply of trafficking, and the need for an in-depth study into the demand. The Special Rapporteur has noted that different United Nations experts have drawn different conclusions about what measures are appropriate to discourage demand, particularly in the case of demand for sexual services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 11
- Paragraph text
- Over the past decade, anti-trafficking practitioners have debated what actions are required to discourage demand and what measures have proved effective. Progress in answering these questions has been notably slow. One reason is that the term "demand" is still subject to different interpretations, with some States and organizations putting the emphasis on measures to discourage exploitation associated with services, particularly sexual services and the exploitation of the prostitution of others, considering it appropriate to discourage men and boys from paying for commercial sexual services in any circumstances, whether the women, girls or men and boys with whom they pay for sex have been trafficked or not. Another reason is that addressing the demand side requires giving priority to measures in the places where trafficked persons are exploited, rather than in the locations (and States) where adults and children are recruited to be trafficked and exploited elsewhere. This has been a challenge for States that have either made no estimate of the scale of trafficking and exploitation of persons occurring in their territory or which refuse to acknowledge the scale of such abuse (with the result that they have not given priority to measures to prevent human trafficking). It also calls for an analysis and understanding of the factors that allow demand to be met by the exploitation of trafficked persons, including economic, social and cultural factors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Men
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 12
- Paragraph text
- As noted in the earlier report of the Special Rapporteur (A/HRC/10/16, paras. 51-52): The definition of demand, which is an economic term, can be adapted to the context of trafficking to describe it as the desire 'for labour that is exploitative or services which breach the human rights of the person delivering those services'. It includes demand for sexual exploitation; for cheap labour and domestic workers; for organ removal and sale; for illicit adoption and forced marriages; for criminal activities or begging or for exploitation within the army … 'The demand side of trafficking generally refers to the nature and extent of the exploitation of the trafficked persons after their arrival at the point of destination, as well as the social, cultural, political, economic, legal and developmental factors that shape the demand and facilitate the trafficking process'. As such, it does not have to be 'properly understood as the demand for a trafficking victim's prostitution, labour or services. Rather, demand must be understood expansively, as any act that fosters any form of exploitation that, in turn, leads to trafficking'.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 13
- Paragraph text
- The Global Initiative to Fight Human Trafficking (UNGIFT) has identified three levels of demand related to human trafficking: employer demand (employers, owners, managers or subcontractors); consumer demand clients or prostitute-users (in the sex industry), corporate buyers (in manufacturing), household members (in domestic work); and third parties involved in the process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 14
- Paragraph text
- In the context of demand that fosters exploitation of persons and leads to trafficking in persons, one can differentiate direct and derived demands. Direct demand is for a service which is specifically provided by a person who has been subjected to one of the forms of exploitation listed in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Trafficking in Persons Protocol). Demand is also direct when it is for goods produced by a person who has been trafficked and subjected to one of these forms of exploitation. Examples of direct demand are: for domestic workers or care workers who have no alternative but to obey. Such demand is routinely for either migrants or children, in conditions where the workers concerned are unable (or unauthorized) to leave their employer - conditions which are sometimes due directly to legislation in force in the State concerned and sometimes a lack of protection measures, particularly child protection measures - for particular commercial sexual services which are not available from someone who has not been trafficked. "Derived demand" is not directly for the services of a trafficked or exploited person or for a commodity which they have helped produce, but for something else, usually for products or services that are particularly cheap. However, in some circumstances it is apparent that the service or commodity in question is highly unlikely to be available unless provided by trafficked persons. Examples of derived demand are: employer demand for cheap and docile workers; demand from businesses or institutions for the products or services of others (i.e., with what is called a "supply chain"), sometimes in other countries; consumer demand for cheap goods or particular services.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 15
- Paragraph text
- On the basis of commissioned research in five Asian countries (in six sectors of income-generating activity), an International Labour Organization (ILO) report concluded that "the trafficking phenomenon is to a very high extent a result of employers' unchallenged ability to create their own - often exploitative - working conditions for women and children in informal 'hidden' sectors where they easily can take advantage of the legislative weaknesses. The same report notes that "demand and supply factors are closely intertwined … Poverty and expectations of better earning opportunities induce thousands … to migrate and seek employment in unregulated and informal sectors where they are extremely vulnerable to exploitation. This abundant labour supply … fuels a level of demand that would not otherwise be there".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 16
- Paragraph text
- Businesses that take advantage of trafficked persons aim to minimize production costs and maximize profits by not paying wages, requiring excessive overtime or otherwise failing to meet basic health and safety standards in environments that are inherently dirty, difficult or dangerous. Legitimate businesses may also maximize profit by subcontracting the recruitment of workers to a labour provider who uses methods associated with trafficking in persons, such as debt bondage or intimidation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 17
- Paragraph text
- In the case of services provided by trafficked persons, the person who purchases or uses such services as sexual, care for the elderly or infirm, or domestic work generally comes into direct contact with the person being exploited. In contrast, consumers seeking cheap products generally have no personal contact and are often situated in a different country altogether. However, in both cases it is conceivable that the users of the services provided are unaware that those involved in producing goods or providing services for them have been trafficked or subjected to illegal force or coercion.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Violence
- Person(s) affected
- Older persons
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 18
- Paragraph text
- In some regions there is a specific demand for children to work in circumstances which are inconsistent with internationally recognized standards and frequently violate national law. For example, some children who are recruited to work in private homes as domestic workers are sought by employers because they are too young to resist their authority or pose a threat. While not all such cases involve trafficking or forced labour, some do. In various regions of the world, including industrialized countries, children are also deliberately sought by beggar masters.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 19
- Paragraph text
- On a number of occasions over the past decade, concern has been voiced that large-scale sporting events create a demand for the services of people who are trafficked and therefore require preventive action specifically to discourage demand. This concern led various agencies to inform the media before sporting events that large numbers of women or children were about to be trafficked. Some recent campaigns to discourage demand associated with sporting events have taken a wider perspective, pointing out that the organizers of sporting events have a responsibility to prevent not only people being trafficked to provide sexual services to fans, but also trafficking in the context of construction and the production of merchandise for sale at the events.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 20
- Paragraph text
- The fundamental international instrument containing specific provisions on demand is the Trafficking in Persons Protocol. Its article 9, paragraph 5, states that States parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking. The Protocol refers to the generic categories of measures that should be taken to discourage demand, but is not more precise. The guide published to advise States on what steps to take to implement the Protocol points out that "demand reduction … could be achieved in part through legislative or other measures targeting those who knowingly use or take advantage of the services of victims of exploitation".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 21
- Paragraph text
- The role of individual consumers in fuelling the exploitation of children, including cases when children are trafficked, is recognized in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. In this Protocol, the need is expressed for raising public awareness to reduce consumer demand for the sale of children, child prostitution and child pornography. In addition to requiring them to punish specified acts and activities by criminal or penal law, the Optional Protocol requires States parties to "promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol" and "take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol" (art. 9, paras. 2 and 5).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 22
- Paragraph text
- In the Recommended Principles and Guidelines on Human Rights and Human Trafficking, the United Nations High Commissioner for Human Rights recommended a set of principles and guidelines to put the human rights of trafficked persons at the centre of all efforts to prevent and combat trafficking and protect, assist and provide redress to victims. The document provides specific recommendations on addressing demand as part of prevention strategies. It highlights the importance of addressing demand as a root cause of trafficking and raising the effectiveness of law enforcement to discourage demand, and recommends analysing the factors that generate demand for exploitative commercial sexual services and exploitative labour and taking strong legislative, policy and other measures to address these issues. Principle 2 provides that States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 23
- Paragraph text
- In 2010 the Office of the United Nations High Commissioner for Human Rights (OHCHR) published a commentary on the Recommended Principles and Guidelines on Human Rights and Human Trafficking, which provided further details about the human rights approach to preventing trafficking in persons, including measures to discourage demand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 24
- Paragraph text
- The United Nations Global Plan of Action to Combat Trafficking in Persons includes several provisions suggesting that action be taken to discourage demand, including one referring to the need for "specific measures at national level to combat trafficking for labour exploitation and strive to educate consumers on those measures" (art. 22).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 25
- Paragraph text
- In 2011 the General Assembly in resolution 66/141 repeated a call to States "to combat the existence of a market that encourages such criminal practices [all forms of the sale of children, including for the purposes of the transfer of organs of the child for profit, child slavery, commercial sexual exploitation of children, child prostitution and child pornography] and take measures to eliminate the demand that fosters them".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 26
- Paragraph text
- The main international standard on employment agencies, ILO Convention No. 181 (1997) concerning Private Employment Agencies specifies that "private employment agencies shall not charge directly or indirectly, in whole or in part, any fees or costs to workers" (art. 7.1). If respected, this provision should stop workers being put into debt bondage by recruitment agents; however, the Convention has not yet been widely ratified. The Convention also requires States to "adopt all necessary and appropriate measures … to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies" (art. 8). The measures specified include penalties for private employment agencies which engage in fraudulent practices and abuses, including their prohibition.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 27
- Paragraph text
- The responsibilities of States with respect to the activities of businesses operating in their territory and/or jurisdiction were summarized in 2011 in the Guiding Principles on Business and Human Rights (A/HRC/17/31), developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. They point out what States are required to do the necessary to ensure that what is called a "foundational principle" is respected: this requires that "States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations" (principle 2). It also stipulates that States should, inter alia, "provide effective guidance to business enterprises on how to respect human rights throughout their operations" and "encourage, and where appropriate require, business enterprises to communicate how they address their human rights impacts" (operational principle 3 (c) and (d)).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 28
- Paragraph text
- A number of regional legal instruments include provisions on discouraging demand. Article 5 of the Charter of Fundamental Rights of the European Union specifically prohibits trafficking in human beings. Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims includes specific provisions on discouraging demand. Furthermore, article 18, paragraph 1, of the Directive provides that "Member States shall take appropriate measures, such as education and training, to discourage and reduce the demand that fosters all forms of exploitation related to trafficking in human beings", and article 18, paragraph 4, says that "in order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall consider taking measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 29
- Paragraph text
- The European Union Strategy towards the Eradication of Trafficking in Human Beings 2012-2016 contains specific provisions on addressing demand. It is planned that a European business coalition against trafficking in human beings will be established in 2014 to improve cooperation with businesses and other stakeholders, respond to emerging challenges and discuss measures to prevent trafficking in human beings, in particular in high-risk areas. In 2016, the European Commission intends to work together with the coalition to develop models and guidelines on reducing the demand for services provided by victims of trafficking in human beings, in particular in high-risk areas, including the sex industry, agriculture, construction and tourism.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 30
- Paragraph text
- Several provisions are also included in the Council of Europe Convention on Action against Trafficking in Human Beings. For instance, its article 6 provides that: To discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking, each Party shall adopt or strengthen legislative, administrative, educational, social, cultural or other measures including: a research on best practices, methods and strategies; b raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human beings; c target information campaigns involving, as appropriate, inter alia, public authorities and policy makers; d preventive measures, including educational programmes for boys and girls during their schooling, which stress the unacceptable nature of discrimination based on sex, and its disastrous consequences, the importance of gender equality and the dignity and integrity of every human being.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Boys
- Children
- Girls
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 31
- Paragraph text
- The 2003 Organization for Security and Co-operation in Europe Action Plan to Combat Trafficking in Human Beings recommended "adopting or strengthening legislative, educational, social, cultural or other measures, and, where applicable, penal legislation, including through bilateral and multilateral co-operation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and that leads to trafficking". Furthermore, in its decision No. 8/07 on combating trafficking in human beings for labour exploitation, the Organization's Ministerial Council urged participating States to "develop programmes to curb the fraudulent recruitment used by some employment agencies that can make persons more vulnerable to being trafficked" (para. 16).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 32
- Paragraph text
- The Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT) adopted in 2004 a Memorandum of Understanding in which Member States recognize the "link between the demand for trafficking and the growing demand for exploitative labour and exploitative sexual services". It also lays emphasis on the importance of bilateral arrangements in "promoting safe, orderly and well-regulated migration as this serves to reduce the demand for illegal migration services which provide opportunities for traffickers" and "encouraging destination countries, including those from outside the Greater Mekong Sub-region to effectively enforce relevant national laws in order to reduce the acceptance of exploitation of persons that fuels the demand for the labour of trafficked persons".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 33
- Paragraph text
- The Association of Southeast Asian Nations (ASEAN) Inter-Parliamentary Organization's resolution on the role of Parliament in combating trafficking in women and children in the ASEAN region, adopted in 2004, appeals to the Governments of ASEAN countries to "strengthen existing legislation and enforcement mechanisms to punish particularly those who create demand for illicit sex or who use force or fraud to traffic women or minors into the international sex trade, while protecting the rights of the trafficking victims".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 34
- Paragraph text
- The Economic Community of West African States (ECOWAS) Initial Plan of Action against Trafficking in Persons (2002-2003) provided that member States, in partnership with NGOs, other civil society groups, and public and private media, shall develop and disseminate public awareness materials focusing on raising public understanding that trafficking in persons is a crime, and discouraging the demand that leads to trafficking, particularly by addressing those who might exploit victims of trafficking, for example as child domestics or farm labourers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 35
- Paragraph text
- While there is wide consensus that addressing demand for labour and services provided by trafficked persons plays a critical role in preventing trafficking in persons, the term "demand" is not defined in sufficient detail in existing legal instruments and the interpretation of the term has been the subject of much debate.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 36
- Paragraph text
- Although States reporting on the measures taken to discourage demand have reported on a wide range of methods, including some intended to address supply, the Special Rapporteur recognizes that not all prevention measures, even those specifically affecting the places where trafficked persons are exploited, should be regarded as measures to discourage demand. Further, in the debate about what to do to discourage demand, many stakeholders have focused exclusively on demand for commercial sexual exploitation, particularly of women and girls, and neglected other forms of demand, such as demand for exploitative labour and organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Girls
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 37
- Paragraph text
- The Working Group on Trafficking in Persons of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime has reviewed some of the measures which States have taken to discourage demand. Details about the measures implemented by 33 States were reported to the sixth session of the Conference of the Parties to the Convention (15-19 October 2012). In addition to mentioning general measures to combat trafficking in persons, several States provided information on their labour laws and codes, which they felt reduced trafficking in persons for forced labour. Some pointed out that they had adopted specific legislation regulating working conditions, especially for foreign workers. Some made reference to specific legislation to address the issue of demand by establishing the responsibility of employers for the management of their supply chains. A few States reported that they had addressed the issue of demand by adopting legislation prohibiting the advertisement of sexual services and criminalizing the purchase of sexual services. Those States commented that such legislation was aimed at eliminating the main pull factors in trafficking persons for sexual exploitation. Some States reported establishing monitoring mechanisms with a specific focus on: the conditions of employment of women, youth and foreign workers hired on a temporary basis; assessing the authenticity of job offers, especially job offers for foreign workers, whether temporary or not; and ensuring the mandatory compliance of employers with the established rules and regulations of employment.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Women
- Youth
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 38
- Paragraph text
- Following its second meeting in 2010, the Chair of the Working Group on Trafficking in Persons of the Conference of the Parties to the United Nations Convention against Transnational Organized Crime noted the range of measures for States parties to take: States parties should adopt and strengthen practices aimed at discouraging demand for exploitative services, including considering measures to regulate, register and license private recruitment agencies; raising the awareness of employers to ensure their supply chains are free of trafficking in persons; enforcing labour standards through labour inspections and other relevant means; enforcing labour regulations; increasing the protection of the rights of migrant workers; and/or adopting measures to discourage the use of the services of victims of trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 39
- Paragraph text
- United Nations agencies have also summarized the measures they perceived to be needed to discourage demand, noting that: Examples of measures to address the demand side are measures to broaden awareness; attention and gender-sensitive research into all forms of exploitation and forced labour and the factors that underpin its demand; to raise public awareness on products and services that are produced by exploitative and forced labour; to regulate, license and monitor private recruitment agencies; to sensitize employers not to engage victims of trafficking or forced labour in their supply chain, whether through subcontracting or directly in their production; to enforce labour standards through labour inspections and other relevant means; to support the organisation of workers; to increase the protection of the rights of migrant workers; and/or to criminalize the use of services of victims of trafficking or forced labour.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 40
- Paragraph text
- In the course of her country visits and from other sources, the Special Rapporteur has heard about a variety of other measures taken by States to discourage demand. She has learned that the measures needed to address direct and derived demand are usually different. In the case of direct demand (which inherently seeks the services of individuals who have been trafficked), legislative or other measures that have a direct influence on purchasers' decisions are appropriate. However, when only some of the identical services or products available to purchasers have involved the exploitation of persons, a different approach is appropriate: one which moves the focus from final purchasers onto whoever makes key purchasing decisions earlier in the supply chain and is in a position to discern which services or products involve human trafficking and which do not. This approach, which seeks to influence the purchasing decisions of such intermediaries by legislation or other measures, often introduces an element of regulation into the supply of services or products. Other States have adopted legislation or policy to regulate recruitment and employment in sectors where, in the absence of such regulation, trafficking is deemed likely to occur.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 41
- Paragraph text
- As stated in the Trafficking in Persons Protocol, factors that make people vulnerable to trafficking and demand must be addressed in the strategies to prevent trafficking. This is further reinforced by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Principles 4 and 5 and guideline 7 provide that strategies to prevent trafficking shall address demand as a root cause and States shall ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination. States may be held legally responsible for their failure to take adequate measures to prevent trafficking in persons, including measures to discourage demand. States in which exploitation of persons occurs or is alleged to occur have a particular responsibility to take action to discourage demand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 42
- Paragraph text
- Educational measures involve providing information to students in schools or higher education, about trafficking in persons and about equality between women and men. States have also supported awareness-raising initiatives to inform the general public or particular audiences. Some public information is about trafficking in persons in general, while some focuses more specifically on the risk that the purchase of certain services (particularly sexual services) or products will contribute to the exploitation of people who have been trafficked, so the intention of providing information is to influence the spending decisions of those who receive information. For information to be effective in discouraging demand, it needs to be provided to specific audiences which have been identified as constituting a demand factor or being able to influence demand, with the content of the information being tailored to have the intended influence. During the Special Rapporteur's country visits, she has heard of examples in which information has not been well-designed or targeted (and has therefore not had the desired effect). She has concluded that people who have been trafficked should routinely be consulted in the design, monitoring and evaluation of such efforts.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Person(s) affected
- Men
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 43
- Paragraph text
- A variety of social and child protection measures are aimed at alleviating harsh social or economic conditions which might otherwise encourage demand. States in various parts of the world have reported implementing measures that specifically concern migrant domestic workers employed in private households, especially in the context of employers who enjoy privileges, immunities and facilities. In such cases, States have generally concluded that the migrant domestic worker should have a formal contract establishing a minimum wage and stipulating the maximum number of working hours per week, as well as other conditions.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 44
- Paragraph text
- Some measures reported explicitly address cultural practices which generate demand that fosters exploitation. For instance, for several decades children were reportedly trafficked to Gulf States from other countries to ride as jockeys in camel races. From 2005, some countries in the region banned the use of children as camel jockeys.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 45
- Paragraph text
- Giving charity to beggars is intrinsic to the culture and religious beliefs of people in many regions. When traffickers take advantage of this (for example, supplying children to beggar masters or maiming children or adults so they inspire more pity and earn more money for the beggar masters who take their earnings), a response is required which respects the values and beliefs of donors, but nevertheless intervenes to protect beggars who have been trafficked and discourages donations which go partly or largely to traffickers or to beggar masters.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 46
- Paragraph text
- The Special Rapporteur has analysed the question of trafficking in persons in business supply chains, including corporate responsibilities to prevent and combat human trafficking in their supply chains, in her 2012 report to the General Assembly (A/67/261). In the report, she noted that in today's globalized world, the risks of human trafficking in supply chains are significant throughout economic sectors, and have not been adequately dealt with, either by States or by businesses themselves (ibid., para. 48).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 47
- Paragraph text
- Some businesses are reported to have taken a series of measures to discourage child labour in general and the commercial sexual exploitation of children in particular. Businesses and other organizations which buy services or products from others can take a wide range of measures to discourage demand for the exploitation of persons, both in terms of discouraging any demand that they potentially create themselves (for example, when seeking to lower their production costs by cutting wages) and discouraging demand by others with whom they do business. Many of these are voluntary commitments (including some which involve a business entering into legally binding commitments with other businesses in its supply or product chain). Commitments routinely take the form of codes of conduct (with which businesses require their suppliers to comply) or procurement policies. A few of them focus on stopping human trafficking, but many more mention specific forms of exploitation, such as forced labour or child labour, alongside other corporate social responsibility commitments. Some are accompanied by compliance or verification procedures designed to check that commitments are being respected by all involved, but the independence and quality of such checks varies, raising questions about the effectiveness of such commitments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 48
- Paragraph text
- Consumers and investors play an important role in pressing businesses to take appropriate action. However, they depend on accurate information being provided by others. In this context, journalists and NGOs that investigate supply and product chains have played an important role and organizations representing exploited workers or providing assistance to them are well-placed to provide accurate information.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 49
- Paragraph text
- Evidence suggests that when businesses work together to stop human trafficking, they can have a significant impact. For example, 10 food corporations in the United States of America involved in selling fast food, food services and groceries signed what were called "fair food agreements" in 2010 with an organization representing migrant farmworkers. Retailers purchasing large quantities of tomatoes accepted a legal obligation "to cut off purchases in the event slavery is discovered in their supply chain". The agreement came after a consumer boycott of one retailer, organized as a result of a campaign by the migrant farmworkers' organization. The consumer boycott was started after it became known that labourers subjected to forced labour had worked on several farms that were supplying tomatoes to major retailers.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 50
- Paragraph text
- Another example, as highlighted by the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, is the experience of Brazil, where to address the pattern of exploitation known as "slave labour" in farming industry the Government initiated a series of measures, including the launching of 2005 National Pact for the Eradication of Slave Labour, which businesses were encouraged to join. The Pact was supplemented by a code of conduct that all signatories of the Pact are required to respect. That Special Rapporteur has recommended that the National Pact be extended to cover the textile industry of Brazil, as cases of forced labour have also been found there (A/HRC/15/20/Add.4, para. 123). By 2011, the Pact's website reported that it had been backed by more than 220 businesses, business organizations or civil society organizations, with a collective turnover worth more than 20 per cent of country's gross domestic product. Nevertheless, despite evidence that numerous companies have stopped doing business with suppliers on the basis of their commitments under the Pact, there has been a notable lack of engagement by companies whose business focuses on some of the commodities linked most closely with slave labour, such as cattle-ranching and the production of beef, soya and cotton.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 51
- Paragraph text
- In the case of any Government-run organizations which function or carry out transactions outside the national territory, this responsibility requires taking measures to discourage demand while individuals employed by the Government are based in another country. In this case, it is not only the procurement policies of the institutions involved which the State must check; it must also influence the personal behaviour of civil servants who might themselves employ or pay for the services of someone who has been trafficked.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 52
- Paragraph text
- States have a duty to protect against human rights abuses (including trafficking in persons and exploitation of persons) by third parties, including business enterprises and criminal associations, through appropriate policies, regulation and adjudication. States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction will respect human rights throughout their operations, both at home and abroad, and take appropriate action to stop trafficking in persons or the exploitation of persons from occurring, regardless of the size, sector, operational context, ownership and structure of the business enterprise.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 53
- Paragraph text
- The Special Rapporteur has noted that leaving the labour market to regulate itself in circumstances where substantial numbers of people are exposed to exploitation, in informal, unprotected and low-status income-generating activities, creates a vacuum in the rule of law, which is likely to be filled by unprincipled employers and criminals. Evidence to support this hypothesis is available from several regions where trafficking in persons and the exploitation of persons have been reported as disproportionately high in the sectors of the economy that have been established relatively recently, where there is a lack of established procedures for collective bargaining, or that, for various reasons, have escaped the scrutiny of labour inspectors or other law enforcement officials. Recent examples of emerging sectors in which trafficking in persons and exploitation of persons have been reported include the garment industry, mushroom and other agricultural production in various parts of Europe, and the picking of wild berries for the cosmetic industry.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 54
- Paragraph text
- The fact that certain income-generating activities are not regarded by States as legitimate or acceptable, such as prostitution or begging, is not a justification for States to ignore the abuse being experienced by individuals involved, nor for States to allocate inadequate resources to protect the adults or children who are trafficked into these activities. Similarly, the fact that certain States cannot afford to finance all the law enforcement activities required to enforce labour laws is not a justification for them to ignore violations of such laws (and of human rights).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 55
- Paragraph text
- Law has been used in specific ways to try to affect demand, sometimes to prohibit demand for specific services or products and sometimes to introduce regulation or other administrative systems.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 56
- Paragraph text
- The Council of Europe Convention on Action against Trafficking in Human Beings covers "criminalisation of the use of services of a victim". Without making it obligatory for States parties to make it an offence for someone to purchase services from a person who they know has been trafficked, it requires States parties to consider doing so (art. 19). According to the reports of Council of Europe Group of Experts on Action against Trafficking in Human Beings, some States of the Council of Europe have criminalized the known use of the services of trafficked persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 57
- Paragraph text
- Some States have preferred to encourage self-regulation among employment agencies. This was the approach in some European countries which later adopted tighter control and a system of licensing of agencies, for instance due to tragic incidents caused by trafficking in persons.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 58
- Paragraph text
- The importance of bilateral and international cooperation in discouraging the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking has been noted in article 9 of the Trafficking Protocol. As globalization has increased demand for cheap labour and services and for sex tourism, there is an increasing need for international cooperation on the part of both State and non-State actors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Health
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 59
- Paragraph text
- Following the First World Congress against Commercial Sexual Exploitation of Children in Stockholm in 1996, the efforts in preventing children from being sexually exploited in holiday resorts focused on measures to be taken by hotels and travel businesses, rather than simply on public information intended to discourage tourists for paying for sexual services with children. A Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism was adopted in 2001 to protect children from sex tourism for tourism businesses. At the end of 2012, the Code was reportedly being implemented by over 1,030 companies in 42 countries.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 60
- Paragraph text
- The Third World Congress against Sexual Exploitation of Children and Adolescents, held in Brazil in November 2008, resulted in the Rio Declaration and Action Plan to Prevent and Stop the Sexual Exploitation of Child and Adolescents, setting the agenda for international efforts in that regard.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 61
- Paragraph text
- At the global level, the mechanisms to enforce the Protocol obligations under article 9 on the prevention of human trafficking, including discouraging "the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking", need to be further strengthened. While comparable treaties, such as the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination, have their implementation overseen by a committee - which acts as the most powerful enforcement body ensuring that the obligations within the conventions are met - there is no such committee established to govern compliance with the Protocol.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 62
- Paragraph text
- It was highlighted by researchers and experts that migration policies that restrict access to legal channels of migration, trade policies liberalizing the movement of money, goods and services but not labour, and the "explosive growth" of the global sex industry are all contributing to the increase of incidents of trafficking in persons. Due diligence on the part of States should require action on these wider processes, all of which foster demand for, and vulnerability to, trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 63
- Paragraph text
- States are also responsible for implementing appropriate measures to guarantee internationally recognized labour rights in all categories of workplaces, particularly the "core labour rights", which include the two ILO conventions on forced labour, as well as ILO conventions to guarantee the right to freedom of association and against child labour and discrimination. Nevertheless, the Special Rapporteur and her predecessor have noted in the course of country visits that Government authorities make repeated exceptions, in law or in practice, creating spaces where employers can violate labour rights with impunity.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 64
- Paragraph text
- To guarantee labour rights, States are required to develop and resource a suitable body of professional labour-law enforcement officials, generally known as labour inspectors. States which fail to develop a labour inspectorate with appropriate expertise and adequate resources to carry out its mandate are in effect condoning abuses of labour rights. Nevertheless, even a well-resourced labour inspectorate is likely to face challenges in reaching the numerous places where exploitation of persons occurs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 65
- Paragraph text
- Evidence collected over the past decade indicates that a substantial proportion of the workers who are trafficked and subjected to forced labour are contract workers who are not recruited or employed directly by the business for which they are working (on a work site, such as a farm or construction site). Instead, they are supplied by an agency or intermediary. In such circumstances, States should consider regulating the activities of recruitment agents and agencies. If they decide not to introduce a system of regulation, States still have a responsibility to ensure that recruitment agents and agencies are not contributing to human trafficking, both by checking on the effectiveness of any system of self-regulation practiced by the employment industry and ensuring that suitably trained law enforcement officials are available to investigate whenever abuses are reported.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 66
- Paragraph text
- According to the Guiding Principles on Business and Human Rights, "the responsibility to respect human rights requires that business enterprises: (a) avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts" (guiding principle 13).
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 67
- Paragraph text
- Even businesses which invest significant amounts in checking their supply chains suffer from the fact that there is no internationally recognized standard for the process of checking whether minimum labour standards and human rights standards are respected in the workplace. It is challenging for other businesses and individual consumers to assess whether the cheap cost of a product was due to good business management or due to abuse in the production process. It is the responsibility of the State (in addition to being the responsibility of employers, business owners and investors) to ensure that keeping production costs and wage bills to a minimum is not achieved by illegal or abusive means.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 68
- Paragraph text
- The principal responsibility of States in such cases is to protect the children concerned. When there is evidence that the majority of children to be found begging have been trafficked or are being subjected to either forced labour or a practice similar to slavery, the relevant Government authority with appropriate child protection expertise should consider what response is appropriate, notably whether it should involve discouraging children of a certain age from begging, making it a criminal offence to profit from a child's begging or discouraging the public from donating money to child beggars in some or all circumstances. When trafficked children are reported to be moved from one State to a neighbouring State, it would be in the best interests of the children concerned for the various States involved to harmonize their responses, so that traffickers cannot simply move on, accompanied by the children they exploit, to take advantage of different laws and regulations in a neighbouring State.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 69
- Paragraph text
- In particular, as highlighted by both the Committee on the Rights of the Child and the Special Rapporteur on the sale of children, child prostitution and child pornography, States have a responsibility to listen to and take into account the views of children who may be affected by policy measures that are planned, in particular paying attention to ensuring that marginalized and disadvantaged children, such as exploited children, street children or refugee children, are not excluded from consultative processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 70
- Paragraph text
- Measures to boycott or ban goods made by child labourers were reported to have had a negative impact on some of the children who were intended to benefit, because most often employers reacted by laying off underage workers, en masse, without warning and without compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 71
- Paragraph text
- The campaign alleging forced child labour in the cultivation of cocoa in one or more West African countries deserves particular mention, as several publications have reported that children have been trafficked for the purpose of subjecting them to forced labour working on cocoa farms. Following publicity in the media at the end of 2000 and again in April 2001 that children from within the region were being trafficked into slave labour or forced labour on cocoa farms, the Chocolate Manufacturers Association convened a meeting of those it considered to be key stakeholders. In September 2001 these stakeholders signed the Protocol for the Growing and Processing of Cocoa Beans and their Derivative Products in a Manner that Complies with ILO Convention 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Nevertheless, in 2012 the news agency CNN widely documented and reported cases of trafficked children still working in cocoa farms in the West African region as part of its year-long campaign, the Freedom Project on ending human trafficking and modern-day slavery.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 72
- Paragraph text
- Principle 3 of the Recommended Principles and Guidelines on Human Rights and Human Trafficking highlights the potential for negative interaction between established rights and new measures to address trafficking. The commentary on the Recommended Principles and Guidelines stresses, in relation to the responses of States to human trafficking, that "human rights law also confirms that States cannot violate non-discrimination principles or norms protecting economic, social and cultural?rights when developing or implementing their response to trafficking". Principle 3 also mentions particularly the rights of those in potentially vulnerable situations due to immigration status, stating: "Anti-trafficking measures shall not adversely affect the human rights and dignity of persons, in particular the rights of those who have been trafficked, and of migrants, internally displaced persons, refugees and asylum-seekers." It makes explicit a responsibility to extend the principle of proportionality to all people, regardless of citizenship of immigration status.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 73
- Paragraph text
- In its general comment No. 27 (1999) on freedom of movement, the Human Rights Committee emphasized the importance of the principle of proportionality, in the context of principles which were applicable when determining what restrictions it is legitimate for States to impose on freedom of movement. It reads: "Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected."
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 74
- Paragraph text
- The Special Rapporteur does not wish to contribute to a rise in protectionism in world trade, but is aware that, by allowing the importation of goods which are known to have been produced wholly or partially by trafficked persons, States are failing to use this opportunity to discourage demand. There are important distinctions to make between exploitation of persons (associated with trafficking in persons) and the exploitation of child labour, with ILO estimating that the latter involves well over two hundred million children. It might be relatively easy for organizations with protectionist motives to claim that particular products are tainted by exploitation, in the absence of credible evidence. The Special Rapporteur consequently reaffirms the importance of States, as well as businesses, promoting the collection and publication of evidence by independent monitors.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 75
- Paragraph text
- Demand-oriented measures taken by the authorities in importing States, in combination with or separate from measures by retailers or businesses that import a commodity suspected of being produced by people subjected to exploitation of persons, may not generate the intended results unless accompanied by appropriate measures in the countries where exploitation (and possibly trafficking in persons) occurs. It also shows the importance of taking practical conditions on the ground into account, including the nature of the product and the production process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 76
- Paragraph text
- Commitment to consulting those who will be or would have been affected by potential measures is essential to a human rights-based approach to human trafficking. States should aim to set a high standard for consultation, which may counteract a discourse in which trafficked persons are seen only as victims with little agency, and thus excluded from negotiations. It may also act as a further precedent for such groups to be involved as active subjects in any proposals which would affect their futures.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 77
- Paragraph text
- A report by the Global Alliance against Traffic in Women states that "a human rights approach to trafficking is empty and meaningless if it does not place at the very core the voice and agency of trafficked and migrant women". Whilst measures to address demand must evidently also include consultation with men and children, a human rights-based approach to human trafficking must foreground the rights and wellbeing of those who have been trafficked, placing them and their views at the centre of discussions around measures to discourage demand. Genuine inclusion of the views and voices of those who have been trafficked assists in developing a proportionate response and reflecting the rights and desires of victims, as well as the inherent complexity of the issue. A consultative approach encourages the implementation of strategies focusing on the potential impact on such individuals, in keeping with international human rights principles around human trafficking. As the High Commissioner for Human Rights noted, a human rights-based approach "requires us to consider, at each and every stage, the impact that a law, policy, practice or measure may have on persons who have been trafficked and persons who are vulnerable to being trafficked".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 78
- Paragraph text
- An increased focus on consultation of the key groups affected by measures to reduce demand may reduce the possibility of unanticipated negative impacts of such strategies arising, or of the implementation of measures which are not wanted by those they will primarily impact upon. A range of human rights are violated in human trafficking cases, covering a broad area in the social sphere and linked to different kinds of activities. Responses, therefore, require a multidisciplinary approach. Consultation with those affected by measures to reduce demand can highlight the complexity of the issues, as well as suggesting further courses of action and research.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 79
- Paragraph text
- A human rights-based approach to human trafficking must ensure legislation and policy does not infringe upon other human rights. A key issue here concerns the freedom of movement and the risks involved with measures to reduce demand. Such measures have the potential to provide States with a rationalization for the intensification of efforts to prevent immigration. Furthermore, a recent UNESCO report notes that anti-trafficking measures often disproportionately focus on combating irregular migration, rather than on the conditions to which victims are subjected, and lack assistance and protection services for victims. In many countries, assistance, protection and even temporary regularization of immigration status are dependent upon compliance with law enforcement authorities.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 80
- Paragraph text
- Indeed, issues relating to migration and freedom of movement are perhaps the most problematic of human rights concerns surrounding anti-trafficking measures. Measures which restrict legal migration channels risk exacerbating both human trafficking and human smuggling, as well as the human rights violations which surround them. Trafficking is an outcome of global political and economic realities, particularly massive disparities of wealth and standard of living. This must be taken into consideration in the formulation of any response to the demand for human trafficking.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 81
- Paragraph text
- A proportionate response to the demand problem must take into account the potential of anti-trafficking measures that restrict freedom of movement to increase the risk of human smuggling. Higher prices will be commanded from smugglers and those who cannot pay may become more vulnerable to exploitation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 82
- Paragraph text
- In addition, a disproportionate focus on tighter migration controls also risks exacerbating the situation further along the trafficking cycle. Studies have noted that traffickers often exploit victims' fear of possible deportation, their illegal residence or labour status to prevent victims from escaping. Such observations provide further support for avoiding measures which focus disproportionately on human trafficking as a migration issue.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 83
- Paragraph text
- Under the terms of article 9 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, States parties are required to "adopt or strengthen legislative or other measures … to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking".
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 84
- Paragraph text
- In the context of trafficking in persons and the exploitation of persons, "demand" refers to the desire and preference for a particular commodity, labour or service, without respect for international human rights law, including fundamental labour rights. This desire is usually expressed in the form of money which supplies income for traffickers and their associates. Discouraging such demand requires measures to address the nature and extent of the exploitation of trafficked victims (primarily in the places where they are exploited), as well as measures to address the social, cultural, political economic, legal and development factors that shape demand and influence or enable the trafficking process. This can be done by influencing the purchasing decisions of individuals and business entities, who contribute, wittingly or unwittingly, to the income of traffickers and their associates. States have a responsibility to act with due diligence to prevent trafficking in persons, including taking measures to discourage demand.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph